Bengaluru: A delegation of Congress leaders met Governor Thawar Chand Gehlot and submitted a memorandum for invoking Article 356 of the Constitution of India for the failure of constitutional machinery in the State. The delegation was led by Opposition party leader Siddaramaiah, KPCC President D K Shivakumar, V S Ugrappa, R Ramalinga Reddy and Krishna Bhyregowda.
In the memorandum it is mentioned “We respectfully submit that your esteemed office is well aware that the duly elected government has to prepare an annual financial statement of the estimated receipts and expenditure of the State for every year and the same has to be placed before the both the houses of the legislature as per the provisions of Article 202 of the Constitution of India. The same has to be considered and passed by both the houses of the legislature and it has to be ascented by your esteemed office.
Our state’s financial statement of 2021-22 is about Rs.2.47 lakh crores. Accordingly, the money has to be spent by the various departments of the State in accordance with the provisions of law.
The state government is a custodian of the consolidated fund, the contingency fund of the state, the payments of the money to or the withdrawal of money from any such fund is vested with the government. The said funds have to be spent by the government for the welfare of the people and for the development of the state of Karnataka. However, the people of Karnataka are shocked to know from the “KARNATAKA STATE CONTRACTORS ASSOCIATION” (which is a registered body vide No.652/1948-1949 having about 1 lakh contractors membership) that there is a rampant corruption in various departments such as Public works, Minor and major irrigation, Panchayath raj, Health and Medical education and BBMP etc., and for every work, the contractors have to pay more than 40% Commission to some of the concerned Ministers, Legislators, Lok sabha members and other officials of the concerned departments. Which is nothing but a bribe as for the provisions of law.
All these facts have been stated by the said association in their memorandum dated;06-07-2021 submitted to Honourable Prime Minister of India and appealed for proper remedial measures on this huge scam. A copy of the said memorandum dated 06-07-2021 of the above said association is here with produced for your kind consideration. The said memorandum is self explanatory in regard to rampant corruption in the state of Karnataka. This has been published and highlighted on 19/20-11-2021 by various Print and Electronic media including Kannada daily newspaper ‘Prajavani’ and English Daily newspaper ‘Deccan Herald’. A paper clipping of the Prajavani dated:19-11-2021 and editorial of the Deccan Herald dated:24-11-2021 are herewith produced for your kind consideration.
The Honourable Prime Minister has become silent about this rampant corruption amounting to several thousand crores and by not initiating any action on the Government of Karnataka even after lapse of more than 4 months from the submission of the above said memorandum by the Contractors Association. It needless to say that even the Union Government is in hand and glove in this vulnerable issue. Otherwise, the Union Government would have taken the cognizance of the memorandum of the above said Association and action would have been initiated on this rampant corruption. But, so far no action has been initiated in this issue. Which shows both the Governments have compromised with the corruption.
Similarly, the Government of Karnataka, the State Police, CBI, ED, Income Tax Department and other concerned authorities have also failed to take cognizance and necessary legal action on the above said rampant corruption and money laundering issue. The percentage of commission/kick backs is a bribe, money laundering and amounts to an offence as per the provisions of the Indian Penal Code, the prevention of Corruption Act, the prevention of money laundering Act and other provisions of law. The non action by the Prime Minister and other concerned authorities really causes lot of panic, anxiety in the minds of law abiding citizens of our country more particularly citizens of Karnataka.
It is also reported more than once in print and electronic media that some of the Contractors have been hiring professional hackers to manipulate e-procurement servers to get tenders allotted to them. The Contractors Association has also alleged that some of the Politicians are behind this manipulation of e-procurement process.
Shylaja S K, a financial consultant working with the e-procurement cell, has filed a complaint with the CID cyber crime police on 07th August 2019, with FIR number: CID Cyber Crime 0009/2019. Even in this regard, the government and the concerned authorities have failed to file charge sheet.
However, out of the total state’s budgeted money released by the Government of Karnataka for any project, more than 40% goes to paying bribe to concerned, 12 to 28% as GST, 5 to 6% as EMD and FST. If the Contractor raises a loan to carry out any such project work he has to pay at least 12% interest on the investment. In such situation what will be left for the Contractor to complete the work?
The total estimated expenditure in 2021-22 budget is Rs.2,47,000 Crores. Out of which Rs.1,50,000 Crores is paid for salaries, pensions and repayment for previous borrowings. Only about Rs.1,00,000 Crores money is available for developments.
Similarly, the ACB police have also raided the offices of the BDA very recently and found lot of malpractices, irregularities in the land acquisition and allotment of sites. The preliminary report of ACB shows that more than Rs 300 crores loss to BDA. The said facts have been highlighted and published by various print and electronic media. Some of the Paper Clipping are herewith produced for your kind consideration.
It has to be noted that the representatives from the ruling party have themselves expressed displeasure with respect to the corruption and working of the government. Senior minister KS. Eshwarappa had written a letter to Honourable Governor on 31st March 2021, expressing his pain about the Chief Minister’s and his aides’ direct interference in the affairs of other departments. It is a clear violation of the ‘Karnataka (Transaction of Business) Rules, 1977 and also against the established practices and procedures relating to the affairs of the State Administration.
Another senior leader from the ruling party Basanagouda Patil Yatnal had made series of accusations against the government, former CM BS Yediyurappa and his sons that they are involved in large-scale corruption in various issues, including tackling Covid-19 and bringing bad name to the State.
There is also concern about law and order issues in the State where Chief Minister has openly expressed his inability to control reaction by few fringe elements. Communal violence has been increased under the current government. It is not democracy but anarchy that has become the system in the State.
These facts and circumstances clearly shows and establish that there is rampant corruption, maladministration in the State of Karnataka; which has caused loss of several thousand crores to exchequer and the same has been swallowed by some of the Ministers, MLA’s MP’s and Officials. Which is nothing but a failure of Constitutional Machinery in the State of Karnataka.
Therefore, we humbly appeal to your esteemed authority
(a) to invoke the provisions of Article-356 of the Constitution of India and send a report to the President of India stating that a situation has arisen in which the Government of Karnataka cannot be carried on in accordance with the provisions of the Constitution of India and for imposition of President Rule on Karnataka.
(b) to order for judicial probe by a sitting Judge of Honourable Supreme Court of India on the allegations made out by the above said Association in their memorandum dated;06-07-2021 submitted to Honourable Prime Minister and also on above said BDA scam. And
(c) to direct the State Police to take cognizance of the above said memorandum dated; 06-07-2021 of the above said Association and to register an FIR against the concerned persons, also on the persons who are involved in BDA scam and to initiate appropriate legal proceedings against the people who have involved in the above said scams, in the interest of the people of Karnataka and justice.
– Team Mysoorunews