Karnataka High Court
Sri D M Jayaveeraiah vs Sri Guruswamy on 26 July, 2023
Bench: R Devdas
-1-
NC: 2023:KHC:26003
WP No. 24065 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO.24065 OF 2022 (LB-ELE)
BETWEEN:
SRI D M JAYAVEERAIAH
S/O MAHARUDRAIAH
AGED ABOUT 58 YEARS
R/O DEVIKERE VILLAGE,
JAGALUR TALUK
DAVANGERE-577553
...PETITIONER
(BY SRI. RUDRAIAH M, ADVOCATE)
AND:
Digitally signed
by JUANITA 1. SRI GURUSWAMY
THEJESWINI S/O NAAGAPPA
Location: HIGH
COURT OF AGED ABOUT 49 YEARS
KARNATAKA R/O DEVIKERE VILLAGE
JAGALUR TALUK
DAVANGERE-577553
2. THE PRINCIPAL SECRETARY
STATE OF KARNATAKA
DEPARTMENT OF RURAL DEVELOPMENT
AND PANCHAYATH RAJ
M S BUILDING
BANGALORE-560001
-2-
NC: 2023:KHC:26003
WP No. 24065 of 2022
3. CHIEF ELECTIOIN COMMISSIONER
CUNNINGHAM ROAD
BANGALORE 560001
4. THE DEPUTY COMMISSIONER
OFFICE OF THE DEPUTY COMMISSIONER
DAVANAGERE TALUK
AND DISTRICT-577001
5. THE TAHSILDAR
JAGALUR TALUK
DAVANAGERE-577528
6. THE ELECTION OFFICER
DEVIKERE GRAM PANCHAYATH OFFICE
DEVIKERE, JAGALUR
DAVANAGERE-577553
...RESPONDENTS
(BY SRI.ARAVIND H., ADVOCATE FOR R1
SRI. NITHYANANDA K.R., AGA FOR R2 & R4 TO R6
SRI. VIKRAM H BHAT, ADVOCATE FOR
SMT. VAISHALI HEGDE, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS AND QUASHING THE ORDER DATED 08.09.2022
PASSED BY THE COURT OF SENIOR CIVIL JUDGE,ITINERARY
COURT, AT JAGALUR ON IANO.5 IN ELECTION PETITION
NO.1/2022 AT ANNEXURE-J AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
-3-
NC: 2023:KHC:26003
WP No. 24065 of 2022
ORDER
R.DEVDAS J., (ORAL):
The petitioner who had filed an election petition in
Elec.C.No.1/2022 before the Senior Civil Judge, Itinerary
Court at Jagalur is aggrieved of the impugned order dated
08.09.2022 passed by the Election Tribunal dismissing the
election petition holding that no grounds are made for
declaring the election of respondent No.1 as null and void.
2. Learned counsel for the petitioner submits that
respondent No.1 herein filed an application I.A.No.5 in the
Election Petition under Section 19 of the Karnataka Grama
Swaraj and Panchayat Raj Act, 1993 r/w Section 151 of
the Code of Civil Procedure seeking dismissal of the
election petition as not maintainable. Learned counsel
submits that there are atleast two grounds raised in the
election petition namely that the 1st respondent herein did
not disclose the criminal case registered against him in
Special Case (Lokayuktha)No.6/2016, which was pending
consideration before the District Court at Davanagere. It
NC: 2023:KHC:26003
WP No. 24065 of 2022
was also contended that the 1st respondent, who had a
commercial establishment and having Tin
No.29170659570 was alleged to have being a defaulter in
payment of commercial taxes. The learned counsel would
therefore submit that the election petition could not have
been dismissed on the ground of maintainability, since it
could not have been contended by respondent No.1 that
the election petition itself is not maintainable. There is no
reasons forthcoming from the impugned order as to why
the election petition is not maintainable in accordance with
law. On the other hand, while considering IA filed at the
hands of the respondent No.1 the election tribunal seems
to have gone into the merits of the matter without
permitting the parties to adduce evidence. Even
otherwise, it is submitted that the opinion of the Election
Tribunal that the allegation made by the petitioner in the
election petition regarding non-disclosure of a criminal
case along with the nomination papers filed by a candidate
does not amount to a corrupt practice is contrary to the
opinion of the Hon'ble Supreme Court. In this regard,
NC: 2023:KHC:26003
WP No. 24065 of 2022
learned counsel draws the attention of this Court to a
decision of the Apex Court in the case of
KRISHNAMOORTHY /VS./SIVAKUMAR AND OTHERS
- (2015) 3 SCC 467, wherein it was held that non-
disclosure of criminal antecedents of candidate in entirety
and in full detail, especially pertaining to serious crimes or
those relating to corruption or moral turpitude, creates
impediment in free exercise of electoral rights, hence
constitutes corrupt practice of undue influence.
Nevertheless the learned counsel would submit that the
dismissal of the election petition at an interim stage on
Interlocutory Application filed at the hands of the
respondent No.1 cannot be sustained. Learned counsel
would therefore submit that the matter has to be
considered by the election tribunal in accordance with law.
3. In view of the judgment cited by the learned
counsel for the petitioner, learned counsel for the
respondent No.1 submits that the matter may be remitted
back to the election tribunal so that opportunity of hearing
NC: 2023:KHC:26003
WP No. 24065 of 2022
will be afforded not only to the writ petitioners but also to
the respondent No.1 herein. The learned counsel would
also submit that the question as to whether non-disclosure
of the criminal antecedents would amount to corrupt
practice or not should be kept open.
4. Accepting the submission of the learned counsel
for the respondent No.1, the writ petition is allowed. The
impugned order dated 08.09.2022 at Annexure-J passed
by the Senior Civil Judge, Itinerary Court, at Jagalur, is
hereby quashed and set aside. The matter stands
remitted back to the Senior Civil Judge, Itinerary Court, at
Jagalur for reconsideration in accordance with law. The
proceedings shall recommence from the stage before
taking up I.A.No.5 which was filed at the hands of the
respondent No.1 herein. The parties herein are directed to
appear before the Senior Civil Judge, Itinerary Court, at
Jagalur on 07.08.2023, without waiting for further notice.
Having regard to the fact that the elections were held on
30.12.2020, the election tribunal shall expedite the
NC: 2023:KHC:26003
WP No. 24065 of 2022
proceedings and conclude the same as expeditiously as
possible and at any rate within a period of four months
from 07.08.2023. Needless to mention that all
contentions are left open.
Sd/-
JUDGE
KLY
