SC places Sringeri recount result in abeyance, restores Congress leader as MLA for now

The Supreme Court on Monday granted interim relief to Congress leader TD Raje Gowda by allowing him to continue as MLA of Sringeri Assembly Constituency in Karnataka for now.

Mr. Raje Gowda had appealed to the Supreme Court following the recount of postal votes following the Supreme Court order showing that the numbers were in favor of his rival, Bharatiya Janata Party (BJP) candidate DN Jeevaraj.

A bench headed by Justice Sanjay Kumar gave the order the current situation While giving notice to Mr. Jeevaraj and other participants. The court listed the case for hearing on May 21.

Mr. Raje Gowda, represented by senior advocates Kapil Sibal, Devadatt Kamat and advocate Tushar Giri, argued in his petition that he was a “duly elected” Member of the Karnataka Legislative Assembly from Sringeri constituency.

The petition stated that he was declared as the returning candidate in the 2023 Assembly elections with a margin of 201 votes after 279 postal ballots were rejected. Mr. Jeevaraj had challenged the results in an election petition filed in the Supreme Court.

Mr Raje Gowda argued that the Supreme Court allowed the election petition only “partially” and directed “re-verification of the 279 rejected postal ballots and recount of all postal ballots”.

The Congress leader said this overshadowed his victory in the polls despite “categorical findings being presented in his favor in every corruption allegation leveled against him”.

The petition criticized the Returning Officer for carrying out a “totally illegal, arbitrary and unconstitutional practice by way of new or re-evaluation and re-verification of even valid postal ballot papers received in favor of Mr. Raje Gowda”. This was when reverification was directed to be limited to only the 279 rejected mail ballots.

“There was neither an objection, nor a request, nor a debate in the entire decision. [of the High Court] regarding the validity of 562 valid postal ballots used in favor of the appellant (Mr. Raje Gowda),” the petition stated.

The Returning Officer had cast 255 postal votes in favor of Mr. Raje Gowda out of 569 postal votes previously counted in favor of Mr. Raje Gowda and the two postal votes had been deducted from the 692 postal votes cast earlier for Mr. Jeevaraj.

The court said this at first glance these actions went beyond those ordered by the Supreme Court.

“Since such steps are prima facie unfounded, we are of the opinion that the intervention of this court is necessary… All steps taken pursuant to the exercise taken by the Returning Officer shall remain in abeyance till the appeal is decided. Such an order requires restoration of status quo and steps should be taken to effect the same,” the high court said.

Mr. Jeevaraj took oath as MLA from the Speaker of the Karnataka Assembly, UT Khader, as the victory certificate was handed over to him by the Returning Officer. The ruling Congress, led by Chief Minister Siddaramaiah, took serious exception to Mr. Jeevaraj being declared the winner and allegations of foul play. The opposition BJP maintained that the recount process was conducted in a fair and transparent manner.