Did the Karnataka HC Nullify Congress MLA's Election and Order a Recount?

Synopsis
Key Takeaways
- Karnataka High Court invalidates election results.
- Recount ordered for Malur Assembly constituency.
- BJP candidate claims victory margin was only 248 votes.
- MLA Nanjegowda allowed to appeal to Supreme Court.
- Significant implications for political dynamics in Karnataka.
Bengaluru, Sep 16 (NationPress) In a significant ruling, the Karnataka High Court has invalidated the election of Congress MLA K.Y. Nanjegowda from the Malur Assembly constituency during the 2023 elections and mandated a recount. A bench led by Justice R. Devdas delivered the judgement following a petition from the defeated BJP candidate K.S. Manjunath Gowda.
Despite this ruling, the court has permitted MLA Nanjegowda to appeal to the Supreme Court within a 30-day timeframe. Should the apex court deny relief, the Congress legislator risks losing his position.
Previously, the court instructed that the recount should be finalized within four weeks, with results announced thereafter.
Manjunath Gowda initiated this legal action, arguing for a recount due to the narrow margin of just 248 votes separating him from Nanjegowda.
The BJP candidate alleged that counting officials contacted him, claiming victory, but it was later revealed that the Congress candidate had won by that slim margin. This prompted him to pursue a recount in court.
The election petition was filed under Sections 81 of the Representation of the People's Act, 1951, and Rule 4 of the Karnataka Election Petition Rules.
Manjunath Gowda requested the court to summon records, documents, videos, and other materials related to the election, including the Electronic Voting Machines (EVMs) and postal ballots, and to maintain custody of these items.
The petition also sought to annul Nanjegowda's election based on grounds outlined in Section 100 (1) (d), (i), (ii), (iii), and (iv), aiming to declare him as the rightful elected representative of the Malur constituency.