The Karnataka high court on Monday rejected the interlocutory application (IA) filed by Prajwal Revanna seeking a stay on the order setting aside his election from Hassan constituency in the 2019 Lok Sabha election.
On September 1, the high court had set aside Prajwal’s election on the grounds of indulging in corrupt practices.
Prajwal had filed the IA on September 2, 2023, seeking a stay on the operation of the order. It was submitted that the operation of the September 1 order needs to be stayed to enable him to exercise the statutory appeal remedy available under section 116(2) of the Representation of Peoples Act.
The election petition was filed by BJP candidate A Manju and G Devaraje Gowda, ex- KPCC general secretary. The counsel for Devaraje Gowda had opposed the IA contending that the judge who had given the verdict cannot interfere with the same in any manner. On the other hand, the counsel for A Manju had not opposed the IA.
Despite rejection of the IA, Prajwal can exercise the option available under section 116(2) of the Representation of People’s Act. It provides 30 days time to file an appeal to a party who suffered an adverse order at the hands of high court in an election petition under sections 98 and 99 of the said Act.
The high court had set aside Prajwal Revanna’s election on the ground of indulging in corrupt practices in the form of non-disclosure of income in the affidavit filed along with his nomination papers. The court had allowed the election petitions in part and also rejected the prayer in both the petitions to declare A Manju as returned candidate in view of the findings that Manju himself was involved in corrupt practices.
Published 11 September 2023, 22:10 IST