Don't notify Karwar assembly bypoll: Karnataka High Court

Bengaluru: The Karnataka High Court has passed an interim order that the Karwar Legislative Assembly shall not be notified for byelection, in terms of section 151 of the Representation of People's Act (RPA).

Justice M Nagaprasanna passed this order allowing the interlocutory application (IA) filed by Satish Sail, the sitting Congress MLA from Karwar, who was convicted and sentenced in cases related to theft and illegal export of iron ore from Belekeri port in Uttara Kannada district.

Sail had challenged his conviction and sentencing in the cases. The special court for cases involving elected representatives had sentenced him to imprisonment for seven years in each of the six cases for criminal conspiracy, cheating and theft charges. In the IA it was submitted that if conviction is not stayed, Sail’s political career for the next 13 years would be taken away. He claimed that any steps taken to fill the Karwar Legislative Assembly seat would jeopardize his career.

On the other hand, P Prasanna Kumar, special public prosecutor for the CBI, submitted that the Apex court, in Afzal Ansari case, had said that instead of hearing applications seeking for interim relief, the main criminal appeal itself could be heard as it amounts to expeditious disposal of the criminal appeal itself.

The court cited the Afzal Ansari case, pertaining to Ghazipur parliamentary constituency in Uttar Pradesh, and suspended/stayed the trial court's judgement dated October 24, 2024, convicting Satish Sail.

“The Karwar Legislative Assembly shall not be notified for byelection, in terms of Section 151 of the RPA, till the outcome of this appeal. Appellant No 2 (Sail) shall, however, not be entitled to participate in the proceedings of the House. He shall also not have the right to cast his vote in the House or to draw any perks or monetary benefits. Appellant No 2 shall not be disqualified to contest future election(s) during the pendency of this appeal,” the court said.