Karnataka HC stays FIR against BJP MLA Jeevaraj in Sringeri postal ballot row
Synopsis
Key Takeaways
The Karnataka High Court on Tuesday, 6 May 2025, granted an interim stay on the First Information Report (FIR) registered against Sringeri MLA D.N. Jeevaraj of the Bharatiya Janata Party (BJP), who was recently declared elected following a recount of postal ballots in the Sringeri Assembly constituency. The court also issued a sharp warning to the police against acting under political influence.
Background: Recount That Changed the Result
The controversy stems from the 2023 Karnataka Assembly elections, in which Congress candidate T.D. Rajegowda had initially won the Sringeri seat by a margin of 201 votes. Following a legal challenge, the Karnataka High Court ordered a reverification and recount of postal ballots. That recount, completed on Sunday, saw a significant number of votes declared invalid, ultimately reversing the outcome. Jeevaraj was declared the winner by a margin of 52 votes, with the election officer formally handing him the winner's certificate. This marks his fourth term as an MLA from Sringeri.
The FIR and What It Alleged
On Monday, the Chikkamagaluru Town Police Station registered a case against three individuals, including Jeevaraj, following a complaint filed on 3 May by advocate Sudheer Kumar Murolli, who had served as an agent at a postal ballot counting table. Murolli alleged suspected tampering of ballot papers during the counting process, citing the late-night nature of the recount as a reason for the delay in lodging the complaint.
The FIR was registered under Sections 143, 465, 468, 471, 120B and 149 of the Indian Penal Code (IPC), along with Section 136 of the Representation of the People Act, 1951 and its 1988 amendment.
What the High Court Said
A Vacation Bench headed by Justice V. Srishananda heard Jeevaraj's petition seeking to quash the criminal case. The court expressed strong dissatisfaction over the manner in which the matter was handled by authorities. It questioned how an FIR could be registered in May 2025 for an incident that allegedly took place on 13 May 2023, and pulled up the prosecution for failing to bring the alleged tampering to the court's notice during the recount proceedings ordered by the very same court.
The Bench also questioned why a case had been filed against the Deputy Commissioner who was in office in 2023, while no action was taken against the current election officer, Gaurav Shetty. The court observed that issues such as missing seals or double markings were not raised at the time of the court-supervised recount, raising doubts about the timing of the complaint. It further opined that a case cannot be registered against a Deputy Commissioner under the Representation of the People Act.
The court directed the Investigating Officer to appear before it and granted an interim stay on any coercive action against Jeevaraj. The matter has been adjourned to 7 May for further hearing.
What Happens Next
With the interim stay in place, no coercive action can be taken against Jeevaraj until the next hearing. The court's observations about political influence on the police and the selective nature of the FIR are likely to intensify scrutiny on the Congress-led state government's handling of the post-recount fallout. The case is being closely watched as a test of judicial oversight over election-related disputes in Karnataka.