Karnataka High Court quashes 2023 election of Congress MLA Nanje Gowda, orders vote recount

The Karnataka High Court on Tuesday set aside the 2023 election of Congress leader KY Nanje Gowda as the Member of the Legislative Assembly to represent the Malur assembly constituency and ordered a recount of votes [KS Manjunath Gowda v. KY Nanje Gowda & Ors].

Justice R Devdas passed the order on an election petition filed by Bharatiya Janata Party (BJP) candidate KS Manjunath Gowda, who was among those who contested the elections from Malur in 2023. He claimed that the election was marred by serious irregularities.

The Court has now ordered a recount of votes and the fresh declaration of election results.

"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, (Karnataka Assembly Constituency No.149) during the elections held in May-2023 is hereby set aside. The Election Commission of India, is directed to ensure recounting of votes and declaration of results afresh, of Malur Assembly Constituency, Kolar District (Karnataka Assembly Constituency No.149), within four weeks from the date of receipt of a copy of this judgment," the ruling said.

Manjunath Gowda had raised several allegations of irregularities during the 2023 election process in Malur, including that the votes were wrongly counted, that the election officers took signatures of counting agents even before the electronic voting machines (EVMs) were opened to count votes, and that unauthorized persons were allowed inside the vote counting hall.

He added that the videography of the vote counting process was also missing, raising doubts about how transparent the process was.

Manjunath Gowda further highlighted that his vote recount request was mishandled. He claimed that the Returning Officer did communicate any order passed on such a request to him.

The Court noted many of the allegations raised could have been easily verified if the video records of the process was made available.

"However, all efforts made by this Court to secure the video recordings have gone in vain," the Court added.

In the absence of such video records, it went on to opine that Manjunath Gowda had raised sufficient doubts in the Court's mind about the integrity of the election process.

"This Court is of the considered opinion that the petitioner has made out a case for directing recounting of the votes," it concluded, before ordering a vote recount.

The Court also ordered the Election Commission of India (ECI) to take action against the district election officer for failing to preserve video records of the 2023 election process.

"The Election Commission of India, is also 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 said.

Senior Advocate Jayakumar S Patil appeared for the petitioner, KS Manjunath.

Senior Advocate Nalina Mayegowda appeared for MLA Nanje Gowda.

[Read Judgment]