The High Court on Friday rejected a stay application moved by Congress leader Dr Y Nagappa against the court’s judgement that quashed his election from Harihara Assembly constituency.

Justice V Gopala Gowda had set aside the declaration of results declaring Nagappa as a winning candidate in the 2004 polls. While holding there were discrepancies in counting of votes, the judge directed the State Election Commission to order recounting and declare fresh results within a month.

Nagappa, in his application before the same judge, sought a stay on the judgement for a couple of weeks to allow him to file an appeal in the Supreme Court.

The High Court has discretionary powers to stay its judgement in such matters, Nagappa’s counsel said while citing a Supreme Court order. Nagappa was a sitting MLA earlier and if he continues for two more weeks, no prejudice will be caused to election petitioner, the counsel contended.
Petitioner Prasanna Kumar’s counsel opposed the application for stay.

Not a fit case
Justice Gopala Gowda rejected the application saying it was not a fit case for granting a stay. The court’s judgement quashing the declaration of Nagappa’s election was based on valid and cogent reasons. After careful scrutiny of original documents, it was held there was manipulation in the documents produced by Returning Officer and Assistant Returning Officer, he observed.