Supreme Court stays Karnataka HC order setting aside Congress MLA Subbareddy’s election

New Delhi: The Supreme Court on Friday put on hold the Karnataka High Court's judgment which set aside the election of Congress MLA S N Subbareddy from the Bagepalli constituency in Chikkaballapura district during the 2023 legislative assembly polls.

A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi issued notice to unsuccessful BJP candidate C Muniraju on whose plea, the High Court passed its judgment earlier this month.

The court declared the petitioner would continue to remain as MLA for all practical purposes.

Senior advocates Kapil Sibal and Devadatt Kamat assailed the High Court's order, which cancelled the petitioner's election on the ground that full disclosure regarding assets was not made, resulting in a corrupt practice as per Section 123(1) of the Representation of the People Act.

The High Court, however, has not declared the BJP candidate as the winner, saying, it is for the Election Commission to take steps in accordance with the law.

The counsel for the respondent contended that the petitioner did not disclose his liquor business in the election affidavit. The bench, however, said the Supreme Court's rulings making it mandatory for all the candidates to file an affidavit on assets did not mean to disclose all sorts of business.

“When you don't win elections, you dig up such grounds,” the bench told the counsel. The court emphasised disclosure of income is required and not the nature of the business. The bench also said that courts cannot perform the role of a chartered accountant.

The court sought a response from the BJP candidate and fixed the matter for consideration in September, 2026.

The Assembly elections were held May 10, 2023, and the results were announced on May 13.