Karnataka HC gives HD Kumaraswamy’s notice of the women’s panel stay

The Karnataka High Court on Friday overruled a notification that the Karnataka State Commission for Women had sent to HD Kumaraswamy, the former chief minister and Mandya Lok Sabha JDS candidate, about his comments regarding rural women being misguided due to the guarantee programs implemented by the Congress administration.

After considering Kumaraswamy’s appeal, which questioned the constitutionality of the chairperson’s notice dated April 15, Justice M Nagaprasanna imposed an interim stay order, noting that the chairperson’s request for explanation lacked legal power.

The petitioner’s attendance has been ordered by the commission chairman in accordance with Section 10(a) of the Karnataka State Commission for Women Act, 1995, the court observed in an urgent notice to the Commission and its chairwoman, Dr. Nagalakshmi Chowdari.

This Section states that it is assumed that the individual whose appearance is requested was the subject of legal proceedings against whom the investigation is being conducted under this Act. Only then does the Commission have the authority to call someone in or demand their presence.

In this instance, the petitioner has not received a summons or a show-cause notice. On the surface, the clarification that has been requested seems to be without authority. The court noted that a temporary stay order would be in place until the matter was resolved.

In the meanwhile, the petitioner’s attorney contended that, in accordance with Section 7(3) of the Act, the notification must be sent by the commission secretary.