SC stays Karnataka HC order, permits DC Gowrishankaraswamy to contest upcoming State elections with condition
Apr 17, 2023
New Delhi [India], April 17 : In an interim relief, the Supreme Court on Monday permitted DC Gowrishankaraswamy to contest the upcoming Karnataka Assembly election with a condition and also stayed the Karnataka High Court order that had set aside the election of Gowrishankarswamy from the Tumkur Rural seat in the 2018 Karnataka Assembly elections.
A bench of justices Surya Kant and JK Maheshwari passed these directions as an interim measure.
The court stayed the direction issued by the High Court in para 154(a) of the impugned judgment dated March 30, 2023.
Karnataka High Court on March 30 declared that the election of the returned candidate DC Gowrishankaraswamy, Member of Legislative Assembly, Tumkur Rural Assembly Constituency as void.
In the interim relief, the top court also said that Gowrishankaraswamy should be entitled to contest the ensuing Assembly Election subject to further directions that may be passed by this Court at an appropriate stage.
"The appellant (Gowrishankaraswamy) shall be entitled to all privileges, allowances and benefits as a Member of the current State Legislative Assembly. However, he shall not be entitled to cast his vote on the floor of the House or in any of the Committees where he is nominated as a Member," the court said.
The top court also made it clear that the parties shall be at liberty to seek appropriate directions immediate after the results of the ensuing State Legislative Assembly are declared.
This interim arrangement is only for the current 15th State Legislative Assembly and for the 16th State Legislative Assembly, liberty is granted to the parties to seek appropriate directions, the court clarified and listed the appeal for hearing on July 14, 2023.
Gowrishankaraswamy was represented by the Senior Advocate K K Venugopal and Advocates A V Nishanth and Balaji Srinivasan. Ranjit Kumar, Senior Counsel, appeared on the caveat on behalf of respondent Suresh Gowda.
Gowrishankaraswamy has challenged the Karnataka High Court order dated March 30. Karnataka HC has found the MLA guilty under the Representation of The People Act for allegedly committing corrupt practices.
DC Gowrishankaraswamy has moved the Supreme Court against Karnataka High Court by saying the Impugned Order erroneously allowed the Election Petition in part filed by Respondent, who was the unsuccessful candidate in the Karnataka Legislative Assembly Elections held in the year 2018.
In the 2018 Karnataka Assembly elections, Gowrishankaraswamy won the Tumkur Rural Assembly Constituency as a candidate of the Janata Dal (S) Party by defeating Bharatiya Janata Party (BJP) candidate Suresh Gowda.
