Election of Chief Minister Siddaramaiah from Varuna Assembly constituency has been challenged before the High Court of Karnataka on the ground that he had indulged in corrupt practice by inducing the voters by offering five guarantee schemes through the Congress election manifesto and guarantee cards.
The petition was filed by K.M. Shankara, a voter from Varuna Assembly constituency in Mysuru district, seeking a declaration that Mr. Siddaramaiah had allegedly indulged in corrupt practices as defined under Section 123(1), 123(2), 123(4) and 123(6) of the Representation of People Act, 1951, and to declare his election as void.
Justice S. Sunil Dutt Yadav, before whom the petition came up for hearing on Friday, posted the petition for hearing on July 28 while directing the advocate for the petitioner to rectify the procedural lapses in filling of petition as pointed by the court’s registry before the petition is considered for preliminary hearing.
It has been contended in the petition that five guarantee schemes has been offered as gratification for voting and it was expected that the electorate would vote for Mr. Siddaramaiah in view of the five guarantees.
The manner in which the canvas was done by distributing the election manifesto of the Indian National Congress Party and the guarantee cards in the constituency amounted to directly inducing the voters based on the assurance given in the guarantee cards, it has been claimed in the petition.
As a candidate is officially nominated by a political party through the procedure prescribed in law, the promises made by way of manifesto of the political party directly attributable to the candidate set up by that political party, and hence corrupt practice of inducting voters through guarantee scheme is attributable to Mr. Siddaramaiah as well as other candidates of the party and its leaders under the law, it has been contended in the petition.
