High Court's Decision for Recount Upheld, But Election Result Remains Unchanged; District Election Officer Escapes Action on Video Recording Issue
In a significant judgment delivered by the Supreme Court of India, the election of K.Y. Nanje Gowda to the Karnataka Legislative Assembly from the Malur Constituency has been upheld despite a High Court-directed recount of votes. The Supreme Court, headed by Chief Justice Surya Kant and Justice Joymalya Bagchi, confirmed that the recount validated the appellant's majority, thereby annulling the High Court's order that had initially set aside the election result.
The case stemmed from the Karnataka Legislative Assembly elections held in May 2023, where K.Y. Nanje Gowda, representing the Indian National Congress, was declared elected by a narrow margin of 248 votes over K.S Manjunath Gowda of the Bharatiya Janata Party. Alleging discrepancies and procedural irregularities, the respondent sought recounting of votes, leading to the filing of an election petition under Section 100(1)(d) of the Representation of People Act, 1951.
While the High Court ordered recounting, it also set aside the election of Nanje Gowda. However, the Supreme Court's intervention ensured that the recount results, which favored the appellant with 50,957 votes against the respondent's 50,707, confirmed his election as valid. The apex court emphasized that the appellant's position as an elected member remains unaffected by the recount process.
Moreover, the Supreme Court set aside the High Court's directive for action against the District Election Officer due to the non-submission of video recordings from the election counting process. The necessity of such recordings remains undetermined by the court, leaving the matter open for future consideration.
This decision marks a pivotal moment in upholding electoral integrity while balancing procedural fairness. The Supreme Court's judgment ensures that K.Y. Nanje Gowda continues to serve as a member of the Karnataka Legislative Assembly from the Malur Constituency, maintaining the democratic choice of the electorate.
Bottom Line:
Election Law - Recounting of votes directed by High Court upheld, but election of the appellant remains valid as appellant secured the majority even after recounting.
Statutory provision(s): Representation of The People Act, 1951 Section 100(1)(d), Code of Civil Procedure, 1908 Order 7, Rule 11, Order 6, Rule 16
K.Y.Nanje Gowda v. K.S Manjunath Gowda, (SC) : Law Finder Doc id # 2851674
