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HC disqualifies JD(S)’s lone MP Revanna over false poll affidavit
HC also directed the Election Commission of India (ECI) to take action against Prajwal Revanna for election malpractice
Bengaluru: The Karnataka high court on Friday disqualified Janata Dal (Secular) leader Prajwal Revanna from his position as a member of parliament representing the Hassan constituency in the Lok Sabha over wrongful disclosure of his assets during the 2019 general elections.
Revanna is the grandson of former Prime Minister HD Deve Gowda. He was the only candidate from the party to win the Lok Sabha elections in Karnataka in 2019.
Justice K Natarajan, in his judgment, partly allowed the two petitions filed by G Devaraj Gowda, a voter from the constituency, and A Manju, the then BJP’s defeated candidate (2019 LS polls). He also directed the Election Commission of India (ECI) to take action against Prajwal Revanna for election malpractice as per the Conduct of Election Process Rules.
“Both the election petitions filed by the petitioners are allowed in part. The election of the returned candidate, Respondent No. 1, namely Prajwal Revanna alias Prajwal R, member of parliament, Constituency 16, Hassan (General), having been declared as a returned candidate dated 23.5.2019, is hereby declared as null and void,” Justice Natarajan said.
The high court, however, dismissed the prayer of the petitioners to declare Manju as the winning candidate, as he himself was “involved in corrupt practices”. “The prayer of the petitioners in both cases to declare A Manju as a returned candidate is rejected in view of the findings that he himself (is) involved in corrupt practices,” the HC said.
The HC also directed the Election Commission to take action against Prajwal’s father HD Revanna (MLA and former minister) and brother Suraj Revanna (MLC) for election malpractices.
“HD Revanna and Suraj Revanna are named in the complaint under the Representation of People’s Act for having committed corrupt practice at the time of the election, and also A Manju, who is also involved in corrupt practice,” the HC said.
Manju, who fought the Lok Sabha election against Prajwal on a BJP ticket and lost, subsequently joined JD(S) and is currently an MLA from JD (S).
Manju, along with lawyer Devaraj Gowda, approached the high court with allegations that Prajwal had deliberately concealed critical information within his election affidavit. Manju’s allegations against Prajwal revolved around purported false information concerning properties included in the latter’s election affidavit.
Manju filed an objection on May 15, 2019, against Prajwal’s affidavit to the then Returning Officer (RO) and Hassan deputy commissioner Priyanka Mary Francis. After hearing the petitioner, the RO had said that the complainant could move to court citing the 2014 election commission order.
In his complaint, he claimed that Chennambika conventional hall was worth at least ₹5 crore but was declared as worth only ₹14 lakh by Prajwal. Another example was the bank balance in an account declared as ₹5 lakh but allegedly having a deposit of ₹ 48 lakh. It was alleged that the MP had several assets in the names of proxies and that he had also committed “income tax fraud”.
“This is a perfect example of the fact that there are two enemies or friends in politics. In that situation, I had to fight. I fought against him, and I won the case. I am happy. It was the Gowda family that got me to (back to) JD(S). When I was joining, there was no talk of this (the case). When I was fighting that case, no one supported me; only the law was with me. Now, Deve Gowda and Kumaraswamy are with me,” Manju said, reacting to the verdict.
Prajwal told reporters that he is yet to receive the order copy. “I just came to know about the order. I don’t know all the details because I’m yet to get the order copy. I will discuss with my lawyers further steps,” he said.
When asked about Manju’s statement after the verdict, he added, “I don’t know in what sense he has said it. When the HC has given an order, we have to follow it, and no one is above the law. About his statement, I will look at it and tell you,” he added.
His father HD Revanna said that they will abide by the court order and make further statements after reading the order copy. “His lawyers are there. They will decide the future course of action. We will abide by the law,” he said.
The high court’s ruling effectively bars Prajwal Revanna from participating in any elections for the next six years. Prajwal was the solitary JD(S) member of parliament representing the state of Karnataka, and Hassan, earlier held by the party Supremo HD Deve Gowda.
Initially, the high court on January 17, 2020, dismissed the petition filed by Manju on the technical ground that he had not filed a mandatory affidavit in the prescribed format. The high court on January 31, 2020, also dismissed the petition filed by Devaraj Gowda by stating that he had not complied with mandatory procedure.
Manju then appealed against this order of the high court in the Supreme Court, which in December 2021 directed the HC to examine the petitions afresh. Following this, the HC took up both petitions, and a trial was conducted, which included a recording of statements of both the petitioners and Prajwal.
(With PTI inputs)
