- Karnataka CM Siddaramaiah plans to resign following Congress backing of DK Shivakumar
- Governor Gehlot is out of Bengaluru, raising questions about the resignation process timing
- CM resignation must be formally accepted by the governor, who can act even if away
Karnataka Chief Minister Siddaramaiah said that he will resign from the top post, but questions have arisen over whether the process can move ahead since Governor Thawarchand Gehlot is currently not in Bengaluru.
Gehlot travelled to Mumbai following reports of ill health of a close relative. He later moved towards Indore at 7.05 am and he is expected to be in Nagda, according to sources. At present, Gehlot's return schedule to Bengaluru remains unclear.
Siddaramaiah's resignation move comes after Congress leadership decided to back Deputy Chief Minister DK Shivakumar for the Karnataka Chief Minister's post. Siddaramaiah has reportedly been offered a Rajya Sabha seat.
Can A Chief Minister Resign If The Governor Is Away?
Article 164(1) states that the chief minister is appointed by the governor, and other ministers are also appointed by the governor on the advice of the chief minister. It also says that ministers hold office "during the pleasure of the Governor."
The governor is the constitutional authority who formally appoints and accepts changes in the state government, including resignations. However, it is not necessary for the governor to be physically present in the state for this process.
A chief minister can tender resignation by meeting the governor in person or by submitting it through the Raj Bhavan office.
When the governor is out of town, the resignation has to be submitted to his secretary. However, the resignation still has to reach the governor personally for formal consideration.
The secretary then forwards the resignation to the governor, who then reviews it and gives final acceptance. Only after this acceptance does the resignation become effective. Once the resignation reaches the governor's office, it is treated as formally submitted. The governor can then accept it even while being outside the state.
What Next For Siddaramaiah
The Congress leadership may have offered Siddaramaiah a Rajya Sabha seat but he only wants to move towards national politics after completing the two remaining years of his MLA term, sources told NDTV Thursday.
Siddaramaiah is a key player in Karnataka and could be beneficial for Congress in reaching out to the Ahinda vote bank, which comprises minority communities and marginalised groups.
