The Karnataka High Court on Monday set aside the 2023 election of Congress MLA S N Subba Reddy from the Bagepalli Assembly constituency, holding that false and incomplete disclosures in his nomination affidavit amounted to a violation of electoral norms.
A bench led by Justice M G S Kamal allowed an election petition filed by BJP candidate C Muniraju, who had challenged the validity of Subba Reddy’s election on the ground that material information regarding assets and liabilities was not properly disclosed.
The High Court held that the affidavit filed along with the nomination papers contained false and incomplete particulars. It noted that the alleged concealment of assets and liabilities constituted a serious defect, as candidates are required to make full and truthful disclosures to enable voters to make an informed choice.
The court accepted the petitioner’s contention that such suppression of material facts attracted the consequences prescribed under election law and vitiated the election.
While setting aside Subba Reddy’s election, the court did not declare Muniraju as the returned candidate. It observed that the question of further steps would be governed by the statutory scheme and would fall within the domain of the Election Commission of India.
The High Court directed that the Election Commission of India and the Secretary of the Karnataka Legislative Assembly be informed of the judgment. It further ordered that all privileges and benefits extended to Subba Reddy as an MLA shall cease with immediate effect.
During the hearing, Subba Reddy’s counsel sought a stay of the judgment to enable him to approach the Supreme Court. The High Court, however, declined to grant any interim relief.
The decision renders the Bagepalli Assembly seat vacant, subject to further action in accordance with law.
