Sringeri recounting row | 'Democracy can't be hijacked': Supreme Court restores Congress leader Raje Gowda as MLA for now

A bench of Justices Sanjay Kumar and K Vinod Chandran directed for keeping in abeyance all the steps taken, pursuant to the Karnataka High Court's order of April 6, 2026, and restored status of Gowda as the MLA in an interim measure.

New Delhi: The Supreme Court on Monday ordered that Congress leader T D Rajegowda will remain as MLA of Sringeri constituency for now after a recent recount of paper ballots had led to BJP candidate D Jeevaraj being declared the winner.

The top court directed for maintaining the status quo in the matter, which resulted in ouster of the Congress leader as the MLA and administering of oath to Jeevaraj, saying democracy can't be hijacked like this.

A bench of Justices Sanjay Kumar and K Vinod Chandran directed for keeping in abeyance all the steps taken, pursuant to the Karnataka High Court's order of April 6, 2026, and restored status of Rajegowda as the MLA.

Reacting to the development, Rajegowda said justice has prevailed. "I am happy that the SC has restored my assembly membership. I am happy that justice has been served," he said.

In 2023 Karnataka Assembly election, Raje Gowda had originally defeated Jeevaraj by a slender margin of 201 votes.

However, the high court, acting on an election petition filed by Jeevaraj, directed reverification and recounting of postal ballots on April 6.

The recount exercise, however, dramatically altered the result.

Jeevaraj’s postal ballot tally reduced marginally from 692 to 690 votes and Gowda’s tally fell sharply from 569 to 314 votes, resulting in a net reduction of 255 votes in his favour.

The returning officer declared Jeevaraj elected under Section 66 of the Representation of the People Act, 1951. This resulted in unseating of the sitting Congress MLA almost three years after he entered the assembly.

Senior advocates Kapil Sibal, Mukul Rohatgi and Devadatt Kamat, representing Raje Gowda questioned the validity of the High Court's order.

Senior advocate V Giri, appearing for Jeevaraj, contended that he had already been administered the oath as the MLA by the Speaker.

The bench said, “if he (returning officer) has undertaken the exercise of invalidating what were earlier treated as valid postal ballots. Then, he has gone beyond the order.” Sibal said he has exactly done that.

“532 and 689 postal ballots, which were valid earlier. Has he invalidated any of those,” the bench asked.

Giri said the court had directed a recounting, therefore the entire postal ballots were recounted.

The bench said that there is no question of re-verifying valid votes. Giri said it is not a question of revalidation and he has to look at each postal ballot and recount it.

The bench observed that the returning officer not only undertook the re-verification of the 279 rejected postal ballots and also the recounting of the 1530 postal ballots.

Giri said there was recounting of entire postal ballots in which the candidates and their agents participated.

The bench said there was also reverification of the 1251 postal ballots, which were earlier held to be valid.

The court also noted that on re-verification, he invalidated their 240 votes.

As Giri contended Jeevaraj has been sworn in, the bench said, “That will have to be invalidated…all steps taken pursuant to that exercise by the returning officer shall remain in abeyance.”

The court also emphasised that the fait accompli contention will not help Giri's client.

"This is not an electoral process which has put you there. This practice which has been undertaken by the returning officer…there is no question of re-verification of already validated votes," the bench told Giri.

“2023 election, now we are in 2026. He has been unseated after three years. You been unseated now after how many months," the bench asked Giri.

The court finally issued notice to the respondents Karnataka government, Election Commission and others and fixed the matter for consideration on May 21.