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New Delhi, Oct 14 (IANS) The Supreme Court on Tuesday stayed the Karnataka High Court’s decision that had quashed the election of Congress MLA KY Nanjegowda from Malur assembly constituency in the 2023 elections.
However, a bench of Justices Surya Kant and Joymala Bagchi did not interfere with the direction given to the Election Commission of India (ECI) regarding recount of votes, but ordered the Election Commission to keep the revised results in a sealed cover.
“Issue notice. In the meantime, the operation of the impugned order of the Karnataka High Court, to the extent that it had canceled the election of the appellant (Nanjegowda), will be stayed. As a result, the appellant will continue as an elected member of the Legislative Assembly,” a bench led by Justice Kant ordered.
However, the ECI has been directed to follow the instructions to the extent of recounting of votes and submit the results in a sealed cover, and the results of the recount shall not be disclosed without the permission of the Supreme Court.
In an order passed on September 16, the Karnataka High Court had canceled Nanjegowda’s election but gave him 30 days to file an appeal before the Supreme Court. Justice R. Devdas’ bench, while delivering its verdict on the petition of defeated BJP candidate KS Manjunath Gowda, made it clear that the Congress MLA would lose his seat if the apex court did not grant any relief.
Manjunath Gowda has moved the Karnataka High Court seeking re-counting of the votes cast in the assembly elections, as the difference between him and Nanjegowda was only 248.
The BJP candidate had claimed that the counting officials called him on phone and told him that he had won the election. But later it was announced that the Congress candidate had won by a margin of 248 votes. Therefore, he had moved the Karnataka High Court seeking recount of the votes cast.
The election petition was submitted under Section 81 of the Representation of the People Act, 1951 and Rule 4 of the Karnataka Election Petition Rules.
Manjunatha Gowda has prayed the Karnataka High Court to summon and detain records, documents, videos, computers, including the computer where the rejection order was drafted, and all other material and data in connection with the election, including electronic voting machines (EVMs) and postal ballots, election-related videography and counting.
The petition further seeks to quash the election of Nanjegowda on the grounds mentioned under section 100(1)(d), (i), (ii), (iii) and (iv) and declare him the elected candidate from Malur constituency.
–IANS
PDS/UK