SC upholds election of Congress MLA in 2023 polls

New Delhi: The Supreme Court on Thursday upheld the election of Congress MLA K Y Nanjegowda from Malur in the 2023 Karnataka assembly election. Earlier, the apex court had stayed the Karnataka High Court order that set aside his election, while directing the Election Commission to conduct a recount of votes cast in his constituency in the 2023 assembly election and submit the result to it in a sealed cover.

The top court opened the sealed cover and found that according to the recount, Nanjegowda had secured 50,957 votes while the BJP’s K S Manjunath Gowda had received 50,707 votes. A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi said that Nanjegowda’s election from the constituency remained unaffected even after compliance with the Karnataka High Court’s previous direction of recounting of votes.

“Consequently, we allow this appeal, to the extent that the impugned decision of setting aside the election of appellant is set aside and the election of the appellant from Malur is upheld,” the bench said.

The BJP candidate filed an election petition in the high court after Nanjegowda won by a margin of only 248 votes against Gowda, alleging irregularities in the counting process. The high court set aside Nanjegowda’s election, while directing a recount of votes and a fresh declaration of results.

The top court in October last year had allowed Nanjegowda to continue as a member of the legislative assembly while directing the Election Commission to comply with the high court’s direction to the extent of recounting of votes and asked it not to declare the result without the apex court’s permission.