<p>The Karnataka High Court has quashed the order of cognizance issued by a Gokak Principal JMFC Court against Chief Minister B S Yediyurappa for violation of election code of conduct during the Gokak Constituency bye-election in 2019.</p>.<p>The court made several observations while quashing the order, including that an action for violation under Section 123 of Representation of Peoples Act (RP Act) 1951 would only be initiated against the candidate and not against any other person authorised by him.</p>.<p>Laxman Allapur, Executive Engineer of Karnataka Niravari Nigama, was deputed on election duty as a Flying Squad for the by-elections. He had filed a complaint that on November 23, 2019, during an election rally, B S Yediyurappa in his speech said that Veerashaiva Lingayat community votes must be consolidated and that they should not be divided. The Gokak police had filed a ‘B’ report in the case, which the magistrate court rejected and took suo motu cognizance and summoned Yediyurappa.</p>.<p>Justice Suraj Govindraj said that a magistrate cannot suo moto reject the ‘B’ report without notice being ordered on the complainant, Flying Squad officer in this case. The bench said that rejecting a ‘B’ report without anyone objecting “is neither contemplated nor sanctioned under the provisions of Criminal Procedure Code,” the bench said.</p>.<p>The high court bench observed that there was no allegation as regards the promotion of enmity in the said complaint. “In the present case at the most the allegations can be said to come under section 125 thereof, which require the establishment of promotion of enmity or hatred as a sine qua non, which has not been so done,” the bench said. </p>
<p>The Karnataka High Court has quashed the order of cognizance issued by a Gokak Principal JMFC Court against Chief Minister B S Yediyurappa for violation of election code of conduct during the Gokak Constituency bye-election in 2019.</p>.<p>The court made several observations while quashing the order, including that an action for violation under Section 123 of Representation of Peoples Act (RP Act) 1951 would only be initiated against the candidate and not against any other person authorised by him.</p>.<p>Laxman Allapur, Executive Engineer of Karnataka Niravari Nigama, was deputed on election duty as a Flying Squad for the by-elections. He had filed a complaint that on November 23, 2019, during an election rally, B S Yediyurappa in his speech said that Veerashaiva Lingayat community votes must be consolidated and that they should not be divided. The Gokak police had filed a ‘B’ report in the case, which the magistrate court rejected and took suo motu cognizance and summoned Yediyurappa.</p>.<p>Justice Suraj Govindraj said that a magistrate cannot suo moto reject the ‘B’ report without notice being ordered on the complainant, Flying Squad officer in this case. The bench said that rejecting a ‘B’ report without anyone objecting “is neither contemplated nor sanctioned under the provisions of Criminal Procedure Code,” the bench said.</p>.<p>The high court bench observed that there was no allegation as regards the promotion of enmity in the said complaint. “In the present case at the most the allegations can be said to come under section 125 thereof, which require the establishment of promotion of enmity or hatred as a sine qua non, which has not been so done,” the bench said. </p>
