<p>The Karnataka High Court on Thursday declared as void the election of JD(S) MLA D C Gowrishankar from Tumakuru Rural constituency in the 2018 assembly election for corrupt practices.</p>.<p>Justice S Sunil Dutt Yadav passed the order in the election petition filed by defeated BJP candidate B Suresh Gowda. The court, however, placed the order in abeyance/suspension for 30 days following an application filed by Gowrishankar to enable him move the appeal before the apex court.</p>.<p>Gowrishankar had won the elections by securing 82,740 votes and by a margin of 5,640 votes against Suresh Gowda who obtained 77,100 votes. It was Suresh Gowda’s contention that Gowrishankar’s election was vitiated by commission of corrupt practices. Among other allegations, the petitioner had specifically stated that Kammagondanahalli Sri Maruthi Seva Samithi (KMSS), a fully family controlled organisation/trust linked to Gowrishankar, had taken out insurance policies (Medi Assist Policies) on the wards of the voters and distributed.</p>.<p><strong>Also Read | <a href="https://www.deccanherald.com/national/west/telangana-mla-raja-singh-booked-in-hate-speech-case-1205167.html" target="_blank">Telangana MLA Raja Singh booked in hate speech case</a></strong><br /> </p>.<p>It was specifically asserted that the policies were taken to benefit the students studying in 50 - 100 schools situated in Tumakuru Rural Assembly constituency and the students residing in approximately 200 villages. It was contended that the distribution of the Medi Assist cards by itself coupled with enticement to vote for the returned candidate would amount to bribery in terms of Section 123 of the Representation of the People (RP) Act.</p>.<p>The court said that the election agents of Gowrishankar namely Phalanetrayya, Arehalli Manjunath, Krishne Gowda, Renukamma and Sunanda had indulged in corrupt practices. "The giving of Medi Assist card to the parent of the child during election time with the express request for voting in favour of respondent no 1 (Gowrishankar) would fall within the definition of 'bribery' under Section 123 of the Representation of the People Act," the court said.</p>.<p>Allowing the petition in part, the court said that there is no direct evidence against KMSS for the distribution of insurance policies to 16,000 children. The court also declined to allow the other prayer of Suresh Gowda to declare him as the elected.</p>.<p>"After having recorded the findings on the issues, it is clear that a case is made out for declaring the election of respondent No 1 as void in terms of Section 100(1)(b) of RP Act. No grounds are, however, made out for declaring the petitioner to be elected. Further, as discussed, no grounds have been made out in terms of Section 100(2) of the RP Act so as to refrain from declaring the election void, despite respondent No 1 being guilty of commission of corrupt practice by virtue of acts done, found to be done with his consent," the court said.</p>
<p>The Karnataka High Court on Thursday declared as void the election of JD(S) MLA D C Gowrishankar from Tumakuru Rural constituency in the 2018 assembly election for corrupt practices.</p>.<p>Justice S Sunil Dutt Yadav passed the order in the election petition filed by defeated BJP candidate B Suresh Gowda. The court, however, placed the order in abeyance/suspension for 30 days following an application filed by Gowrishankar to enable him move the appeal before the apex court.</p>.<p>Gowrishankar had won the elections by securing 82,740 votes and by a margin of 5,640 votes against Suresh Gowda who obtained 77,100 votes. It was Suresh Gowda’s contention that Gowrishankar’s election was vitiated by commission of corrupt practices. Among other allegations, the petitioner had specifically stated that Kammagondanahalli Sri Maruthi Seva Samithi (KMSS), a fully family controlled organisation/trust linked to Gowrishankar, had taken out insurance policies (Medi Assist Policies) on the wards of the voters and distributed.</p>.<p><strong>Also Read | <a href="https://www.deccanherald.com/national/west/telangana-mla-raja-singh-booked-in-hate-speech-case-1205167.html" target="_blank">Telangana MLA Raja Singh booked in hate speech case</a></strong><br /> </p>.<p>It was specifically asserted that the policies were taken to benefit the students studying in 50 - 100 schools situated in Tumakuru Rural Assembly constituency and the students residing in approximately 200 villages. It was contended that the distribution of the Medi Assist cards by itself coupled with enticement to vote for the returned candidate would amount to bribery in terms of Section 123 of the Representation of the People (RP) Act.</p>.<p>The court said that the election agents of Gowrishankar namely Phalanetrayya, Arehalli Manjunath, Krishne Gowda, Renukamma and Sunanda had indulged in corrupt practices. "The giving of Medi Assist card to the parent of the child during election time with the express request for voting in favour of respondent no 1 (Gowrishankar) would fall within the definition of 'bribery' under Section 123 of the Representation of the People Act," the court said.</p>.<p>Allowing the petition in part, the court said that there is no direct evidence against KMSS for the distribution of insurance policies to 16,000 children. The court also declined to allow the other prayer of Suresh Gowda to declare him as the elected.</p>.<p>"After having recorded the findings on the issues, it is clear that a case is made out for declaring the election of respondent No 1 as void in terms of Section 100(1)(b) of RP Act. No grounds are, however, made out for declaring the petitioner to be elected. Further, as discussed, no grounds have been made out in terms of Section 100(2) of the RP Act so as to refrain from declaring the election void, despite respondent No 1 being guilty of commission of corrupt practice by virtue of acts done, found to be done with his consent," the court said.</p>
