SC agrees to hear plea by Congress MLA unseated three years later

The dispute originates from the 2023 Karnataka Assembly polls, where Raje Gowda had originally defeated Jeevaraj by slender margin of 201 votes and had since been functioning as MLA

The Supreme Court on Friday agreed to consider an urgent hearing of a plea filed by Karnataka Congress leader TD Raje Gowda, who lost his Assembly seat nearly three years after assuming office following a court-mandated recount of postal ballots in the Sringeri constituency.

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Chief Justice of India Surya Kant took note of submissions by senior advocate Devadatt Kamat, appearing for Gowda, who challenged the April 6 order of the Karnataka High Court directing reverification and recounting of postal ballots cast in the 2023 Assembly election.

Kamat urged the court to list the matter urgently on April 11, contending that the high court erred in the manner in which it ordered the recount exercise, which ultimately resulted in BJP leader DN Jeevaraj being declared elected MLA for Sringeri.

The CJI responded that the court would consider the request for an expedited hearing. “Usually, we order stay in such matters...we will examine your matter though,” Justice Kant observed.

The dispute originates from the 2023 Karnataka Assembly election, where Raje Gowda had originally defeated Jeevaraj by a slender margin of 201 votes and had since been functioning as MLA from the constituency.

However, acting on an election petition filed by Jeevaraj, the Karnataka high court on April 6 directed reverification and recounting of postal ballots.

The recount exercise, conducted last week and continuing till midnight, dramatically altered the result.

While Jeevaraj’s postal ballot tally reduced marginally from 692 to 690 votes, Raje Gowda’s tally fell sharply from 569 to 314 votes, resulting in a net reduction of 255 votes in his favour. Following the revised count, the returning officer declared Jeevaraj elected under Section 66 of the Representation of the People Act, 1951.

The development effectively unseated a sitting Congress MLA almost three years after he entered the Assembly, triggering political and legal controversy in Karnataka.

Raje Gowda and the Congress have alleged tampering of ballot papers during the recount process.

Speaking after the recount, Gowda claimed that several postal ballots originally counted in his favour in 2023 were now treated as invalid after fresh markings allegedly appeared on them.

“There are markings on ballots polled in my favour. Different ink has been used; it is clearly visible. During the 2023 counting, all those ballots were deemed valid in the presence of counting agents of all parties. Now, such votes have been declared invalid,” he told media personnel.

The Congress also alleged a larger conspiracy behind the reversal. Karnataka deputy chief minister D K Shivakumar termed the development a “dangerous” trend and accused the BJP of orchestrating a conspiracy to overturn the mandate. “We will conduct an investigation at the government level. We will also fight this legally,” Shivakumar said.

Separately, Sudheer Kumar Murolli, who served as Gowda’s counting agent during the 2023 election, lodged a police complaint in Chikkamagaluru alleging tampering of 255 ballot papers cast in favour of the Congress candidate. The complaint sought registration of a case and investigation against election officials and others connected with the recount process.