SC notice to Karnataka CM on plea challenging his election from Varuna seat in 2023

New Delhi, Dec 8 (PTI) The Supreme Court on Monday sought a response from Karnataka Chief Minister Siddaramaiah on a plea challenging his election from the Varuna assembly constituency in the 2023 state elections.

The petitioner, who claims to be a voter of the constituency, referred to the "five guarantees" in the election manifesto of the Congress and alleged that Siddaramaiah had indulged in "corrupt practice" under the provisions of the Representation of the People (RP) Act, 1951.

A bench of Justices Vikram Nath and Sandeep Mehta issued notice to Siddaramaiah seeking his reply on the plea filed by one K Shankara.

"Issue notice," the bench said.

Shankara has moved the apex court against an April 22 order of the Karnataka High Court which dismissed his election petition seeking to declare the election of Siddaramaiah from the Varuna assembly constituency as void.

During the hearing on Monday, the top court asked the counsel appearing for the petitioner, "How would declaration of a manifesto amount to corrupt practice?" The counsel said another bench of the top court has agreed to hear a plea raising a similar issue.

He referred to the apex court's 2013 verdict which had said, "Although the law is obvious that the promises in the election manifesto cannot be construed as 'corrupt practice' under section 123 of RP Act, the reality cannot be ruled out that distribution of freebies of any kind, undoubtedly, influences all people." In that judgment, the top court had noted that promises in the election manifesto cannot be read into Section 123 for declaring it to be a corrupt practice.

Section 123 of the Act deals with corrupt practices.

The petitioner told the apex court that a larger bench of three judges is reconsidering the 2013 judgment.

The bench agreed to hear the plea against the high court order and issued notice on it.

Before the high court, the petitioner had alleged that the guarantees offered in the election manifesto were in the form of "gratification to the electorate" with the object of directly inducing them to vote for the Congress party.

He had claimed that freebies are a waste of the tax-payers' money and an economic disaster that could hamper India becoming self-reliant.

Siddaramaiah had told the high court that the petitioner had failed to produce material facts or instances to substantiate the allegations of corrupt practices.

He had said that promises made in the manifesto would not amount to a corrupt practice.

The high court had noted that "guarantees" which are promised freebies in the manifesto cannot be considered to constitute a corrupt practice under Section 123 of the RP Act in light of the law laid down by the apex court in the 2013 verdict. PTI ABA ABA KSS KSS