We are invited to decide in this batch of writ petitions, the legality of the sanction order dated January 21, 2011 issued by His Excellency the Governor of Karnataka. By the order impugned before us, His Excellency, on the petition filed by the complainants, namely, Sirajin Basha and K.N. Balaraj, accorded sanction under subsection (1) of Section 19 of the Prevention of Corruption Act, 1988, and under Section 197 of the Code of Criminal Procedure, 1973, to prosecute the petitioner for the alleged offence under Section 405 of the Indian Penal Code, and Section 13(1)(d) and Section 13(1)(e) of the Prevention of Corruption Act, 1988.

The former Chief Minister is the writ petitioner before this court.

2. The relevant facts for the purpose of disposal of these writ petitions are as follows:

(a) On May 30, 2008, the petitioner was elected as the leader of Bharatiya Janata Party Legislative Party, and was sworn in as the Chief Minister of the State of Karnataka.

(b) On June 29, 2009, Shri H.R. Bharadwaj was appointed as His Excellency the Governor of the State of Karnataka.

(c) On December 9, 2009, the Governor addressed a letter to the Chief Minister, stating that the Karnataka Pradesh Congress Committee submitted a complaint before him on December 5, 2009, making certain allegations against some of the ministers, and demanded their resignations. The Governor asked for the details of utilization of the Central Government grants.

(d) On December 16, 2009, the Governor once again addressed a letter to the Chief Minister pointing that he received a representation from an organization known as Dr. Ramamanohara Lohia Thinkers Forum, Karnataka. The Governor suggested in the letter that the Ministers concerned should be dropped, as it would have a serious bearing on the administration, and also, asked the Chief Minister to inform him about the action taken on the Lokayuktha Report.

(e) The Governor, on February 2, 2010, writes another letter regarding appointment of Registrars to the Conventional Universities, and cautioned that the Government should not venture to violate laws.

(f) In the letter dated September 8, 2010, addressed to the Chief Minister, the Governor wrote as under:-

“In order to divert public attention, I feel that you have chosen to use intemperate language against the Governor while ignoring the rampant corruption indulged in by some of your Ministers. Therefore, for dragging the Governor into this, in such objectionable manner, you owe me an unconditional public apology. In view of such grossly baseless and irresponsible public utterances against me indulged in by you, I also release this letter to the media to set the records straight.”

(g) In the letter dated November 15, 2010, the Governor writes as under:

“Your Minister has committed serious Constitutional impropriety by making these uncalled for irresponsible statements. I advise you to take immediately remedial action in this regard.”

(h) The State Government, on December 22, 2010, appointed Hon’ble Justice B. Padmaraj as oneman Commission to look into various alleged irregularities in denotification of lands, under the Commission of Inquiry Act.

(i) On December 28, 2010, a representation was submitted by the said two complainants (claiming themselves to be practicing advocates), before the Governor alleging misuse of office against the then Chief Minister, and sought for permission for grant of sanction for prosecution.

(j) On December 31, 2010, the Chief Minister met the Governor concerning official business. In course of the said meeting, the Governor allegedly indicated to the Chief Minister that he had made up his mind to grant sanction to prosecute the Chief Minister.

(k) On January 3, 2011, a letter was addressed to the Chief Secretary, Government of Karnataka, through the Principal Secretary of the Governor of Karnataka, asking the authorities to hand over certified copies of the documents purportedly filed by the two aforesaid complainants.

(l) On January 19, 2011,