Karnataka HC Issues Notice To CM Siddaramaiah Over Plea Seeking Invalidity Of His Election As MLA

The petition, demanding the invalidity of CM Siddaramaiah's election as MLA, stated that the Congress party lured voters with guarantee schemes and as per Section 123(1) of the Representation of the People Act, luring cannot be done.

Karnataka High Court on Friday issued notice to Chief Minister Siddaramaiah over a petition demanding the invalidity of his election as MLA, news agency ANI reported. The petition stated that the Congress party lured voters with its five guarantee schemes and as per Section 123(1) of the Representation of the People Act, luring cannot be done. The matter came up before the single-judge bench of Justice S Sunil Dutt Yadav who said, “Notice under Rule 10, issued to respondent. Notice returnable by September 1”, as quoted by legal news website Live Law.

The petition blamed the election manifesto of the Congress party that promised five 'guarantees' as ‘corrupt practices amounting to bribery and also undue influence under Section 123(2) of the Representation of the People Act.” It alleged that Siddaramaiah had breached the provisions of the Constitution and the rules and guidelines under The Representation of the People Act, news agency PTI reported.

“The said guarantees are in the nature of offer and promises made by the candidate and by the Indian National Congress party. This was done with the consent of the respondent (Siddaramaiah). They are in the form of gratification to the electorate of Varuna Constituency and with the object of directly inducing the electorate to vote for the Congress party candidate namely the respondent. The consideration was the vote in favour of the Respondent as a gratification with the motive and reward,” the Election petition filed by K M Shankara, a private citizen from the constituency, read, as quoted by PTI.

The petition alleged that Siddaramaiah during the Assembly Elections “indulged in corrupt practice during the election period.”

As per PTI's report, Senior advocate Pramila Nesargi, appearing for the petitioner, submitted that everyone who sought votes in the name of the five guarantees is guilty of breaking the model code of conduct but only Siddaramaiah has been made a respondent as an example.

“All the persons’ names which find a place in the manifesto are all jointly and severally responsible for the corrupt practice of 123(1) and 123(2) of the RP Act,” the petition says.

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