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This is an archive article published on October 14, 2011

It gets hotter in Karnataka Lokayukta glare,Upa Lokayukta quits

Search for future judges to helm the high-profile institution in the state now that much more difficult

The Lokayukta in Karnataka that is handling many high-profile corruption probes — including against former chief minister B S Yeddyurappa — received a fresh body blow on Wednesday when its deputy or Upa Lokayukta,former high court judge Justice R Gururajan,announced his premature resignation.

Justice Gururajan followed in the footsteps of former Supreme Court judge Justice Shivaraj Patil,who was forced to step down on September 18,barely 50 days after taking over as Lokayukta,in the wake of allegations that he violated rules that prevent existing property owners in Bangalore from acquiring residential sites in cooperative housing projects.

The exit of Justice Gururajan is not expected to have much bearing on the corruption cases being investigated independently by the Lokayukta police or the functioning of the Lokayukta since a second Upa Lokayukta,Justice S B Majage,is empowered to carry out the Lokayukta’s functions. However,what it is expected to do is make the search for future judges to helm the institution that much more difficult.

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Though Justice Gururajan has cited “sudden developments in family circles” in the form of health problems as the reason for his resignation,the former high court judge is known to have been contemplating resignation soon after Justice Patil quit since he himself is the beneficiary of a housing cooperative site while owning prior properties in Bangalore.

According to Justice Gururajan’s declaration of assets on the Lokayukta website,he owns “a two bedroom flat by way of loan stock certificate in the Chitrapura Housing Cooperative Society” in the Malleswaram region in Bangalore which he bought in 1982 for Rs 2,56,500.

The assets declaration also states that he owns two other two-bedroom flats in the same area of Bangalore and a housing site of the Karnataka State Judicial Department Employees House Building Cooperative Society,bought in the year 2001.

Soon after Justice Patil’s exit,Justice Gururajan said he had contemplated resignation since he “felt bad when Justice Patil resigned”. He however defended his own property position saying the ownership of his housing cooperative flat was different. “The land belongs to the Chitrapura Housing Cooperative Society and I have share certificates. It is like the tenant-membership system which is common in Mumbai. The structure is on a land leased for 99 years,” he said.

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What has complicated matters is that a case filed against irregularities in housing cooperatives across Bangalore is currently pending before the Lokayukta.

Incidentally,a study of the property ownership patterns of 21 of the 39 active judges of the Karnataka High Court who have declared their assets on the court website shows that several senior judges have had sites allotted through the Karnataka State Judicial Department Employees House Building Cooperative Society despite already owning properties in Bangalore.

As the Karnataka government searches for a new Lokayukta to fill the void left by the exit of Justice Patil and Justice Gururajan,one eye will definitely be on a squeaky clean assets declaration given the kind of turmoil property ownership has caused the institution in recent days.

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