Karnataka HC quashes BJP defamation complaint over '40% commission' ads; Shivakumar, Siddaramaiah get relief
Synopsis
Key Takeaways
The Karnataka High Court on Wednesday, 4 November 2026, quashed a private criminal defamation complaint filed by the Bharatiya Janata Party (BJP)'s Karnataka unit over the Congress party's '40 per cent commission rate card' advertisements, granting relief to Chief Minister D.K. Shivakumar and former Chief Minister Siddaramaiah. The advertisements, published ahead of the 2023 Karnataka Assembly elections, had accused the then-ruling BJP of fixing commission rates for government appointments and transfers.
Background: The '40 Per Cent Commission' Campaign
The advertisements at the centre of the dispute were released by the Karnataka Pradesh Congress Committee (KPCC) in local newspapers before the 2023 Assembly elections. They alleged that the BJP government was collecting specific amounts as commissions for appointments, transfers, and various government-related activities — effectively publishing what they termed a 'corruption rate card'.
The BJP's state unit filed a private defamation complaint, contending that the advertisements were false, based on 'imaginary assumptions', and had damaged the party's reputation. The trial court took cognisance of the complaint in 2023, naming Congress leaders including Shivakumar, Siddaramaiah, and Leader of Opposition in Lok Sabha Rahul Gandhi as accused.
How the High Court Proceedings Unfolded
Justice M. Nagaprasanna passed the order quashing the private complaint on a petition challenging the defamation proceedings. This follows a series of interim reliefs granted by the court in earlier stages of the case.
On 4 July, the High Court had stayed proceedings against Shivakumar, who was serving as Deputy Chief Minister at that time. The court had also extended similar relief to the KPCC. In January this year, proceedings against Rahul Gandhi in connection with the same case had also been stayed by the High Court.
Significance of Wednesday's Order
Wednesday's ruling goes a step further than those interim stays — it quashes the private complaint entirely, effectively terminating the criminal defamation case filed by the BJP unit. The detailed reasoning behind the court's decision is awaited pending release of the full order text.
Notably, the case had political salience beyond the courtroom: the '40 per cent commission' narrative became one of the Congress party's most prominent electoral weapons in the run-up to the 2023 Karnataka elections, which the Congress went on to win with a decisive majority, ending the BJP's stint in power in the state.
What Happens Next
With the complaint quashed, Shivakumar and Siddaramaiah stand cleared of the criminal defamation proceedings in this matter. The BJP retains the option of challenging the High Court's order before a higher forum, though no such move has been announced. The full text of Justice Nagaprasanna's order, once available, will shed light on the legal reasoning that could have implications for how political campaign advertisements are treated under defamation law going forward.