SC stays HC order on MLA Nanjegowda’s disqualification, directs recounting of votes

After staying a Karnataka High Court order that had annulled KY Nanjegowda's election as an MLA, the Supreme Court on Tuesday (October 14) directed the Election Commission (EC) to conduct a recount of votes within four weeks.

Citing alleged irregularities in the vote-counting process, the Karnataka High Court had earlier invalidated Congress MLA Nanjegowda’s election and ordered a recount.

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“Issue notice. Meanwhile, operation of the impugned judgment of the High Court, to the extent it set aside election of appellant, shall remain stayed. Resultantly, the appellant shall continue to be an elected member of Karnataka State Legislative Assembly. However, ECI is directed to comply with directions to extent of recounting of votes and submit the result in a sealed cover before this Court. The recounting result shall not be declared without prior permission of this Court" the Bench of Justices Surya Kant and Joymalya Bagchi directed.

In the May 2023 Karnataka Assembly elections, Congress candidate Nanjegowda had narrowly defeated BJP’s KS Manjunath Gowda by just 248 votes in the Malur constituency of Kolar district.

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The apex court clarified that the stay on the High Court order — which had disqualified Nanjegowda — will remain in effect until the results of the recount are submitted.

Following his narrow loss, BJP candidate Manjunath Gowda had approached the High Court within three days of the result, alleging serious discrepancies — including record mismatches, counting errors, unauthorised entry of individuals during the process, and failure to provide video recordings of the counting session.

After reviewing the case, Justice R Devdas’s Bench found violations of election law and declared Nanjegowda’s election void, ordering a recount and a fresh declaration of results. The court had also granted a 30-day stay to allow an appeal.

Challenging the verdict, Nanjegowda moved the Supreme Court, which has now directed that the recount be carried out and the results submitted to the court in a sealed cover.

The top court also made it clear that the results must not be made public without its prior permission.

(This article was originally published in The Federal Karnataka)