SC notice to Karnataka SEC on plea by Anekal councillors against disqualification

The court refused for now to intervene into the process for fresh elections scheduled on June 19

The Supreme Court on Thursday issued notice to the Karnataka State Election Commission on a plea by K Srinivas and two other members of Anekal Town Municipal Council against their disqualification for their alleged failure to submit election expenses.

The top court, however, refused for now to intervene into the process for fresh elections scheduled on June 19.

A vacation bench of Justices M R Shah and Aniruddha Bose sought a response from SEC and others and put the matter for consideration on June 15.

Senior advocate Vibha Dutta Makhija, representing the petitioners, questioned the validity of High Court's orders of April 18 and May 30. She contended within two days of notice of January 27, 2020, the petitioners had submitted their reply and representation along with the details of election expenditure. The counsel said, despite this, the appellants were disqualified on the basis of a report by deputy commissioner, Bengaluru.

Srinivas, S Lalitha and Hemalatha C K were elected to the municipal body on May 30, 2019.

The Karnataka High Court had rejected their plea against the order passed by the State Election Commission on November 15, 2021, disqualifying them as councillors of their respective wards.

The HC's single judge had on April 18, 2022 rejected their contention that they were not afforded an opportunity of hearing before the order of disqualification in violation of principle of natural justice.

Srinivas, Lalitha and Hemalatha C K filed a writ appeal before a division bench saying the single bench's order is arbitrary and erroneous. They also challenged issuance of fresh notification on April 28.

The division bench, however, too dismissed their plea, saying they were bound to submit the list of election expenses before the State Election Commission within 30 days from the date of declaration of election.