The allegations against the Janata Dal (Secular) leader include that he abused his official position in granting lease to a mining company for lifting of one lakh metric tonne of iron ore.
"You should face trial", a bench of Justices Ranjan Gogoi and P C Pant said while rejecting their contention that the case was made out of political vendetta.
The apex court allowed the plea filed by advocate M Vinod Kumar against the Karnataka HC order of October 21, 2011 that had quashed the proceedings initiated against the couple by the Special Lokayukta Court on his complaint.
It said that high court should not have quashed the order and proceedings against the accused.
"The allegations against them ought to have been adjudicated in the trial," the bench said while setting aside the high court's order.
The cases against Kumaraswamy and his wife Anita, then a JD(S) MLA, were related to renewal of mining lease to the Jantakal Mining Firm in alleged violation of norms and alleged irregularities in allotment of sites to Vishwabharathi Housing Cooperative Society, which had made a quid pro quo site allotment to Anita, during Kumaraswamy's tenure as Chief Minister in 2006.
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