Supreme Court stays Karnataka High Court order declaring Nanje Gowda's election as Malur MLA void

Apex court directs Election Commission to conduct a recounting of the votes polled in the 2023 Assembly elections in terms of the High Court's order and furnish the result in a sealed envelope

New Delhi: The Supreme Court on Tuesday stayed the Karnataka High Court's order setting aside the election of K Y Nanje Gowda, Congress MLA for the Malur constituency in Kolar district.

A bench of Justices Surya Kant and Joymalya Bagchi, however, asked the Election Commission to conduct a recounting of the votes polled in the 2023 Assembly elections in terms of the High Court's order and furnish the result in a sealed envelope before this court.

The court's order came after hearing senior advocate A M Singhvi on behalf of Nanje Gowda, who contended the High Court framed seven issues in the election petition but did not decide a single one. The apex court issued notice to the unsuccessful BJP candidate on the plea against the High Court's order passed in September.

"Meanwhile, the operation of the impugned order of the High Court, to the extent it set aside the election of the appellant, shall remain stayed," the bench said in its order. 

Resultantly, the court ordered that the appellant would continue as the elected member of the Legislative Assembly. "However, the Election Commission of India is directed to comply with the directions to the extent of recounting of votes and submit the result in a sealed cover before this court. The recounting result shall not be disclosed without the permission of this court," the bench said.

A petition was filed by K S Manjunath Gowda of the Bharatiya Janata Party, challenging the election owing to alleged irregularities.

Manjunath Gowda lost to Nanje Gowda by a narrow margin of 248 votes in the 2023 elections. He filed the plea for declaring Nanje Gowda’s election as void. He also sought a recount of votes and to be declared the elected candidate. 

Manjunath Gowda alleged that votes were improperly accepted in favour of Nanje Gowda and votes favouring him were rejected. The video recordings, which could have verified this, were withheld. The counsel also alleged that the returning officer had not passed any order on the petitioner’s recount application.

The High Court allowed his plea, observing that the absence of records from the presiding officer made the election’s outcome questionable.