HC notice to Pramod Madhwaraj, 22 MLAs for 'unconstitutional' oath

[email protected] (The Hindu)
September 28, 2013
Bangalore, Sep 28: The Karnataka High Court on Friday ordered issue of notices to 22 MLAs including Udupi MLA Pramod Madhwaraj and a Minister on petitions, which alleged that they had violated the mandatory procedure prescribed in the Constitution for taking oath as members of the Legislative Assembly and as Minister, respectively.
Pramod-Madhwaraj

The petitioners, city-based advocate Dharmapal Y. and RTI activist Jayaprakash Hiremath, alleged that the MLAs and Minister for Information Technology S.R. Patil took the oath in a “whimsical” manner, disregarding the Constitutional mandate.

They took oath in the names of a deity, saints, parents, farmers or voters of their constituency.

The petitioners have sought a direction from the court to oust them from office and declare that these MLAs and the Minister have usurped their office, performing functions without authority in law as they have “not taken oath or affirmation as mandated by the Constitution”.

It has been pointed out that the MLAs have clearly violated Article 188 of the Constitution, which states that a person elected to the Legislative Assembly or Council, shall, before taking his seat,…make and subscribe…an “oath or affirmation according to the form set out for the purpose in the Third Schedule [of the Constitution].

Similarly, Article 164(3) of the Constitution states that before a Minister enters upon his office, the Governor shall administer to him the “oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule”.

Petitioners' counsel A.S. Ponnanna pointed out that as the prescribed form set out in the Constitution states that they can either “swear in the name of God” or can “solemnly affirm”, the words substituted by these elected representatives resulted in “not taking oath or affirmation” of their offices, thus making them ineligible to function as MLAs and Minister.

It has been contended in the petition that such a violation attracts penalty as per Article 193 of the Constitution, which states that if a person sits or votes as a member of the Assembly or the Council before he takes oath as per Article 188, “he shall be liable, in respect of each day on which he sits or votes, to a penalty of Rs. 500 to be recovered as a debt due to the State”.

The 22 MLAs and their constituencies are: S.N. Narayanswamy (Bangarpet); S. Chikkamadu (H.D. Kote); D.N. Devaraj (Sringeri); H. Anjaneya (Holalkere); Chandrakanth Bellad (Hubli-Dharwad West); R.S. Doddamani (Shirahatti); Shashikala Jolley (Nippani); V.S. Kashappanavar (Hungund); N.H. Konaraddi (Navalgunda); K.B. Prasanna Kumar (Shimoga); Y. Ramakka (KGF); Y.N. Rudregowda (Belur); G.T. Devegowda (Chamundeshwari); M.T.B. Nagaraj (Hoskote); M.P. Appachhuranjan (Madikeri); P.M. Narendraswamy (Malavalli); Bheema Naik (Hagaribommanahalli); Chaluvarayaswamy (Nagamangala); Vinay Kulkarni (Dharwad); Akhanda Srinivasa Murthy (Pulakeshinagar) and A.B. Ramesh Bandisiddegowda (Srirangapatna).

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News Network
December 15,2025

Udupi, Dec 15: What was meant to be a post-pilgrimage gathering turned tragic in Padukere village of Brahmavar taluk, Udupi district, late Sunday night, when a clash among youths escalated into a fatal assault, leaving one man dead.

The victim has been identified as 30-year-old Santosh Mogaveera, a resident of Padukere.

According to preliminary information, the incident took place during a late-night drinking party involving a group of local youths who had recently returned after completing their pilgrimage to the Sabarimala shrine. An argument reportedly broke out among the group and soon escalated into a violent confrontation.

During the ensuing brawl, Santosh Mogaveera was allegedly assaulted and collapsed at the spot after sustaining serious injuries. He was rushed by local residents to a private hospital in Brahmavar, where doctors declared him dead.

On receiving information, senior police officials, including Brahmavar Circle Inspector Gopikrishna, Kota Police Sub-Inspector Praveen Kumar T, Station ASI Manthesh Jabagoudar, and head constables Pradeep and Ashok, visited the spot and conducted an inspection.

Police have taken four youths into custody in connection with the incident. A case has been registered at the Kota police station, and further investigation is underway to ascertain the exact sequence of events leading to the death.

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News Network
December 19,2025

Mangaluru: In a decisive move to tackle the city’s deteriorating sanitation infrastructure, the Mangaluru City Corporation (MCC) has announced a massive ₹1,200 crore action plan to overhaul its underground drainage (UGD) network.

The initiative, spearheaded by Deputy Commissioner and MCC Administrator Darshan HV, aims to bridge "missing links" in the current system that have left residents grappling with overflowing sewage and environmental hazards.

The Breaking Point

The announcement follows a high-intensity phone-in session on Thursday, where the DC was flooded with grievances from frustrated citizens. Residents, including Savithri from Yekkur, described a harrowing reality: raw sewage from apartments leaking into stormwater drains, creating a "permanent stink" and turning residential zones into mosquito breeding grounds.

"We are facing immense difficulties due to the stench and the health risks. Local officials have remained silent until now," one resident reported during the session.

The Strategy: A Six-Year Vision

DC Darshan HV confirmed that the proposed plan is not a temporary patch but a comprehensive six-year roadmap designed to accommodate Mangaluru’s projected population growth. Key highlights of the plan include:

•    Infrastructure Expansion: Laying additional pipelines to connect older neighborhoods to the main grid.

•    STP Crackdown: Stricter enforcement of Sewage Treatment Plant (STP) regulations. While new apartments are required to have functional STPs, many older buildings lack them entirely, and several newer units are reportedly non-functional.

•    Budgetary Push: The plan has already been discussed with the district in-charge minister and the Secretary of the Urban Development Department. It is slated for formal presentation in the upcoming state budget.

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News Network
December 15,2025

Mangaluru, Dec 15: Educational institutions in Mangaluru that rely on the popular Mangala Stadium for their annual sports events are bracing for an inconvenience as the city's key sporting venue is set to close its gates for a significant upgrade. The stadium is expected to be unavailable for approximately two months starting from January 15, 2026.

The closure is necessitated by a proposed overhaul of the stadium's facilities, with a special focus on upgrading the synthetic track. Pradeep Dsouza, Assistant Director of the District of Youth Empowerment and Sports (DYES), Dakshina Kannada, confirmed the development.

"Experts have visited the stadium, conducted a thorough inspection, and have given the go-ahead for a complete makeover," Dsouza stated. "Funds have been allocated for the project, and we are currently awaiting the final green signal from state officials to commence the work. We anticipate that the work will likely begin in the second week of January. Consequently, we have stopped renting out the stadium to colleges and other organizations in preparation for the upgrade."

The timing presents a logistical challenge for colleges, as many schools have already concluded their sports meets.

"Colleges will now be organizing their events and will need to find alternative locations to host their sports meets," Dsouza added. He suggested a few potential venues, including the Dakshina Kannada police ground, University College grounds, Panambur grounds, Swaraj Maidan in Moodbidri, and the Mangalore University sports grounds in Konaje.

However, many institutions note that finding a comparable venue will be difficult. While the DK police ground and University College grounds are closer to the city center, they do not possess the extensive facilities and infrastructure offered by Mangala Stadium.

Dr. P Dayananda Pai - P Satisha Govt First Grade College, Carstreet, is one such institution dependent on the stadium. Principal Jayakar Bhandary expressed hope for a swift completion of the work. "We expect the work to be completed at the earliest. If not, we will be forced to look for other venues to host the sports day for our students," Bhandary said, highlighting the pressing need for the city's main sporting facility.

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