Supreme Court stays Karnataka High Court order setting aside election of DC Gowrishankar Swamy from Tumkur in 2018

The Supreme Court on Monday stayed a Karnataka High Court verdict that had set aside the election of JD(S) leader DC Gowrishankar Swamy from the Tumkur Rural seat in the 2018 Karnataka Assembly elections [DC Gowrishankar Swamy v B Suresh Gowda]..A bench of Justices Surya Kant and JK Maheshwari issued notice to the respondent and listed the matter for hearing in July. A direction to the effect of declaring Swamy's election void was stayed by the court..It was also ordered that the judgment would not come in the way of grant of privileges, allowances and salary paid to Swamy as an MLA. However, he would not be entitled to vote in the assembly. "The appellant 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," directed the court. The bench further directed that Swamy would be entitled to contest the ensuing assembly election subject to further directions that may be passed by the court. "The parties shall be at liberty to seek appropriate directions immediate after the results of the ensuing State Legislative Assembly are declared.".The March 30 judgment of the High Court found the MLA guilty under the Representation of The People Act for corrupt practices including distribution of money for temple renovation, promising admissions to students etc..The High Court found that Swamy was guilty of carrying out and facilitating the same through party workers and an organisation named Kammagondanahalli Sri Maruthi Seva Samithi (KMSS)."The evidence and material on record would indicate that KMSS has stood by and did not distance itself from the distribution of Medi Assist cards which was in the name of KMSS ... KMSS has been an accessory and played a part in the entirety of the design of commission of corrupt practice," the single-judge observed..In the appeal before the top court, it was argued that BJP leader B Suresh Gowda who had filed the election petition, needed to prove that the election result was significantly impacted, but he had failed to do so. Gowda also failed to prove that those involved in the corrupt practices were agents of the appellant."It is imperative not only to plead the existence of corrupt practice, but also to demonstrate that the outcome of the election, concerning the returned candidate, has been materially affected. However, the Election petition in question fails to provide any pleading or evidence to support the assertion that the election has indeed been materially affected," the appeal said..The appeal also stated that Swamy has no affiliation or position within KMSS and neither does he have any association with it. Therefore, the appeal was filed on the ground that the High Court's decision was untenable and caused miscarriage of justice. .Senior Advocate KK Venugopal, Advocates AV Nishanth and Balaji Srinivasan appeared for Swamy, while Senior Advocate Ranjit Kumar appeared for the Gowda. .[Read Order]