SC declines Tumkur rural MLA's plea against notice in election petition

Advocate appearing for Swamy, contended that provisions of the Representation of People Act have not been complied with while issuing notice

The Supreme Court on Wednesday declined plea by Tumkur rural assembly constituency MLA from JDS, D C Gowrishankar Swamy against the notice issued by the Karnataka High Court in an election petition filed by the lost BJP candidate, Suresh Gowda.

A bench of Chief Justice D Y Chandrachud and Justices Hima Kohli and J B Pardiwala heard the matter on an urgent mentioning made by Swamy's counsel Amrita Sharma.

Senior advocate Basava Prabhu Patil, appearing for Swamy, contended that provisions of the Representation of People Act have not been complied with while issuing notice by the High Court on October 29. He claimed exact charges and acts of corruption have not been specified in the matter.

Senior advocate Ranjit Kumar, appearing for BJP candidate Gowda, countered the submission, saying that the reasons for issuing notice and exact allegations have been disclosed in the summons on November 3. He also said the persons against whom notice were issued, had already appeared before the court on November 10 and the next date has been fixed on November 25.

The present petition is only an attempt to delay the proceedings, he said.

After hearing the parties, the top court orally said there is no infirmity in the court's order and the present petition was liable to be dismissed.

On this, Patil preferred to withdraw the plea.