Supreme Court Upholds High Court's Decision: Nominated Members' Votes Declared Unconstitutional, Supreme Court affirms Karnataka High Court's ruling; nominated members barred from voting in Legislative Council elections, impacting election results.
In a landmark judgment, the Supreme Court of India has upheld the Karnataka High Court's decision that barred nominated members of municipalities and local authorities from voting in the elections to the Legislative Council. The ruling was handed down by a bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M. Pancholi in the case of Pranesh M.K. v. A.V. Gayathri Shanthegowda.
The case revolved around the inclusion of twelve nominated members in the electoral rolls for the 12-Chikkamagaluru Local Authorities Constituency during the 2021 Karnataka Legislative Council elections. These members, nominated under the Karnataka Municipalities Act, 1964, were found to have voted despite constitutional provisions that restrict their voting rights to advisory roles only.
The Supreme Court's decision reaffirmed the constitutional distinction between elected and nominated members, emphasizing the democratic mandate required for voting in Legislative Council elections. The Court stated that allowing nominated members to vote would dilute the democratic nature of the electoral process and go against the constitutional objective of strengthening local self-government.
The election, which was contested by Pranesh M.K. and resulted in his victory by a margin of six votes, faced scrutiny due to the inclusion of twelve invalid votes cast by the nominated members. The High Court had previously directed a recount excluding these votes, a decision now affirmed by the Supreme Court, declaring the election materially affected by the void votes.
The judgment highlights a significant constitutional interpretation ensuring that democratic governance through elected representatives remains untainted by procedural irregularities. The Court dismissed the appeals challenging the High Court's decisions, and directed the recount results to be submitted to the Karnataka High Court for further action.
Bottom Line:
Nominated members of municipalities and local authorities do not have the right to vote in elections to the Legislative Council under the constitutional framework of India. Their inclusion in the electoral roll for Local Authorities' Constituencies is unconstitutional and void ab initio.
Statutory provision(s):
- Constitution of India, 1950, Articles 171(3)(a), 243R
- Representation of the People Act, 1950, Section 27(2)(b)
- Representation of The People Act, 1951, Section 100(1)(d)(iii)
- Karnataka Municipalities Act, 1964, Section 352(1)(b)
This ruling reinforces the importance of adhering to constitutional mandates in electoral processes, ensuring that democratic principles are upheld and that elections reflect the true will of the electorate, represented by duly elected members.
Pranesh M.K. v. A.V. Gayathri Shanthegowda, (SC) : Law Finder Doc id # 2942246
