BANGALORE : The High Court on Monday directed the advocate appearing for CM B S Yeddyurappa to file an application to implead the state government as a party in a petition filed by him challenging sanction accorded by Governor Bhardwaj for his prosecution on complaints over land scams.A division bench headed by Justice Ajit Gunjal and Justice B V Nagarathna directed Yeddyurappa to file the necessary application to implead the state government as a party and also directed the advocates for Sirajin Basha and Balaraj - based on whose complaints the Governor had accorded sanction to prosecute CM - to file objections within a week to the application to make state or any other person as a party.Senior counsel for the respondents P P Rao, however, indicated that in the present context, the writ petition itself is not maintainable as the authority which passed the impugned order has not been made party. He submitted that since serious mala fides are alleged in the writ petition, the same is required to be answered by the authority to contest the order.Senior advocate B V Acharya, argued that Supreme Court in the case of Rameshwar Prasad and others versus Union of India and another has indicated that it is always open for the Governor to file suo motu affidavits in support of the decision taken by him granting sanction to prosecute the petitioner.When it was pointed out that Article 361 of the Constitution provides immunity to the President as well as the Governor in his absence, the state government is required to be added as a party to support the order passed by the Governor.
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