Bengaluru: In a significant development in Karnataka's political landscape, the state's Council of Ministers has unanimously advised Governor to withdraw a show cause notice issued to Chief Minister on July 26, 2024. The notice, based on a petition filed by T.J. Abraham, had raised allegations of corruption against the Chief Minister.

The cabinet, after a thorough discussion, cited several reasons for their recommendation:

  1. Constitutional Procedure: The ministers argued that the Governor should have acted on the advice of the Council of Ministers rather than using discretionary powers.
  2. Lack of Consideration: The cabinet pointed out that the Governor failed to consider a reply submitted by the Chief Secretary on the same day as the notice was issued.
  3. Legal Infirmities: The ministers highlighted that the application for sanction suffered from serious legal issues, particularly concerning the Prevention of Corruption Act, 1988 and the BNSS 2023.
  4. Premature Action: The cabinet noted that the application was premature, as the complainant had not followed mandatory procedures laid down by the Supreme Court.
  5. Credibility of Complainant: The ministers raised concerns about the criminal antecedents of T.J. Abraham, the petitioner, suggesting his actions were motivated and lacked bona fides.
  6. Undue Haste: The cabinet criticized the Governor's swift action in issuing the notice on the same day as receiving the petition, without thoroughly examining all relevant materials.
  7. Prejudgment: The ministers argued that the Governor's statement about the allegations seeming "prima facie plausible" indicated a pre-judging of the issue.

The Council of Ministers strongly advised the Governor to withdraw the notice and reject the application for sanction. They characterized the Governor's actions as a "gross misuse of Constitutional Office" and suggested it was an attempt to destabilize a lawfully elected government for political considerations.

This situation highlights the ongoing tension between the state government and the Governor's office in Karnataka, raising questions about the boundaries of gubernatorial power in relation to elected state governments.