Karnataka High Court sets aside Congress MLA Nanjegowda's election in 2023 Assembly polls, orders recounting

Bengaluru: The Karnataka High Court on Tuesday set aside the election of Congress MLA K Y Nanjegowda from Malur constituency in the May 2023 assembly election. Justice R Devadas has now directed the Election Commission of India (ECI) to recount the votes within four weeks and declare the result afresh. After the request on behalf of Nanjegowda, the court directed to put the order on hold for 30 days enabling him to appeal before the Apex Court.

The election petition was filed by K S Manjunath Gowda, the defeated BJP candidate in the 2023 assembly elections. Manjunath Gowda had pointed out several issues that according to him materially affected the result of the election. He stated that the Returning Officer had violated Rule 66-A of the Conduct of Election Rules and procedure prescribed in the Hand Book for the Returning Officer while obtaining signatures from his counting agents on the Form No 17-C (Part-II). It was also alleged that there was manipulation and over writing in Form No 17-C.

According to the petitioner, though he had requested immediate recounting of the votes on the counting day itself, May 13, 2023, the requisition was rejected on May 17, 2023, by issuing an ante dated endorsement dated May 13, 2023. He also sought a direction to declare him as the elected candidate.

After perusing the material, the court noted that the petitioner has given sufficient details of the discrepancies in the process of counting. The court further said the petitioner has a right to file an application for recounting and he has a right to have the application considered in accordance with law.

The court further noted that the video recordings of the counting were not produced. The court said the guidelines on videography cannot be brushed aside as mere guidelines. “In fact, clause 15.14.9 (Handbook 2019) provides that a CD containing the record of complete videography of the counting process may be given to candidates free of cost, on specific demand. The wisdom behind such directions are not far to seek,” the court said.

The court partly allowed the petition after noticing several shortcomings in procedural infirmities in counting of votes and tallying of votes. “It should be mentioned that during the course of the proceedings, when the District Election Officer (DEO) failed to produce the video recordings, this Court issued notice to the Election Commission of India," Justice Devadas said.

"Affidavits were filed by the DEO pursuant to summons issued by this Court along with communications made to the service provider and the reply given by the service provider that it had handed over the hard disk containing the video recordings and upon receipt of all the data, completion certificate was issued to them by the DEO. The Election Commission of India is aware of all these developments, however, all efforts made by this Court to secure the video recordings have gone in vain,” the court said, while directing the ECI to take appropriate action against the District Election Officer for not furnishing the video recording.