Bengaluru (Karnataka): The Karnataka High Court on Tuesday set aside the 2023 election of Congress leader KY Nanje Gowda as the Member of Legislative Assembly (MLA) from Malur constituency in Kolar district, while directing a recount of votes and a fresh declaration of results within four weeks.

The order was passed by Justice R Devdas in response to an election petition filed by KS Manjunath Gowda, the Bharatiya Janata Party (BJP) candidate from Malur, who had alleged serious irregularities in the 2023 election process.

Court directs fresh results after recount

“The Election Petition is allowed in part, directing recounting of votes and then, to declare the results afresh. The election of respondent No.1 (Nanje Gowda) to Malur Assembly Constituency, Kolar District, during the elections held in May-2023 is hereby set aside,” the Court ruled.

The High Court further directed the Election Commission of India (ECI) to oversee the recounting and ensure that results for the Malur constituency are declared afresh within four weeks of receiving the judgment.

Allegations of irregularities in 2023 polls

Manjunath Gowda had raised multiple allegations, including:

  • Votes were wrongly counted.
  • Counting agents’ signatures were taken even before electronic voting machines (EVMs) were opened.
  • Unauthorized persons were allowed inside the counting hall.
  • Videography of the counting process was missing, raising doubts about transparency.

He also contended that his formal request for a recount was mishandled, claiming the Returning Officer failed to properly communicate any order passed on his plea.

Missing video records raise suspicion

The Court noted that many allegations could have been verified if the videography of the counting process had been preserved. However, despite multiple efforts, the footage could not be secured.

“In the absence of such video records, the petitioner has raised sufficient doubts in the Court’s mind about the integrity of the election process,” Justice Devdas observed.

The Court concluded that Manjunath Gowda had made out a valid case for a recount.

Action against district election officer

In addition to setting aside Nanje Gowda’s election, the Court pulled up the district election officer for failing to preserve crucial video records.

“The Election Commission of India is directed to take note of the fact that the District Election Officer has failed to furnish the video recording before this Court. Appropriate action shall be taken against the District Election Officer, in accordance with law,” the Court ordered.

Legal representation

Senior Advocate Jayakumar S Patil appeared for petitioner KS Manjunath Gowda, while Senior Advocate Nalina Mayegowda represented MLA KY Nanje Gowda.

Conclusion

The High Court’s ruling opens the door for a potentially dramatic shift in Malur’s representation, depending on the outcome of the recount. With the ECI tasked to complete the process within four weeks, the verdict could have significant political ramifications in Kolar district.