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SC stays Karnataka HC order disqualifying kin of Deve Gowda as Lok Sabha MP
The Supreme Court on Monday stayed the Karnataka high court order invalidating the Lok Sabha election of Prajwal Revanna, the grandson of former prime minister HD Deve Gowda
New Delhi: The Supreme Court on Monday stayed the Karnataka high court order invalidating the Lok Sabha election of Prajwal Revanna, the grandson of former prime minister HD Deve Gowda, and allowed him to continue as a parliamentarian albeit without any allowance and the right to vote during House proceedings.
A bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud passed the order while hearing an appeal filed by Revanna, the lone Janata Dal (Secular) member in the Lok Sabha, challenging the high court’s September 1 order.
“The appellant shall be entitled to all privileges. He shall not draw any allowances or pay as member of Parliament,” the bench, also comprising justices JB Pardiwala and Manoj Misra said, staying the high court’s ruling that invalidated Revanna’s election from Hassan constituency in the 2019 Lok Sabha polls.
The apex court permitted the JD(S) leader to attend Parliament and perform various duties as member of parliamentary committees but held that he “shall not be entitled to cast vote in the House.”
Former attorney general KK Venugopal, who appeared for Revanna, also requested the court to allow him contest the 2024 parliamentary elections.
The bench accepted the request and said: “The petitioner shall be entitled to contest in the next parliamentary election, subject to any interim direction to be issued in this matter.”
On September 1, the Karnataka high court set aside the JD(S) leader’s election while hearing two separate election petitions — one filed by Revanna’s rival candidate from the Bharatiya Janata Party (BJP) A Manju, and the other filed by a voter G Devarajegowda. The high court held that the allegations against the Hassan MP and his agents of wrongful disclosure of assets in the nomination paper filed ahead of the Lok Sabha polls and engaging in corrupt practices were found to be proven.
“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 of high court said on September 1.
In his verdict, Justice Natarajan also directed the Election Commission of India to take action against Revanna for poll malpractice as per the Conduct of Election Process Rules.
To be sure, A Manju exited the BJP and joined the JD(S) shortly before the Karnataka assembly elections in May this year and became a legislator.
Revanna was the only successful JD(S) candidate in the 2019 general elections, winning the Hassan Lok Sabha seat with a huge margin.
In his petition before the top court, Revanna alleged that the high court, at the judgment stage, consolidated both the election petitions and passed a common order even as the allegations in the separate petitions were different and tried separately. The petition claimed certain findings of the HC order to be “self-contradictory” and passed without any cogent evidence or reasoning.
Even on the alleged undervaluation of properties, being one of the charges in the election petitions, the MP said, “It does not affect the right to information of the public at large/voters since the purchase value and ‘approximate’ market value was duly declared by the appellant in his Form 26 affidavit, thereby ensuring transparency and awareness, which is the sole purpose of such affidavit.”
The election complaint claimed that Chennambika convention hall was worth at least ₹5 crore but was declared as worth only ₹14 lakh by Prajwal Revanna. Another example given was the bank balance in an account declared as ₹5 lakh but allegedly having a deposit of ₹ 48 lakh. On these grounds, Prajwal was accused of committing “income tax fraud”.
Responding to this charge, Prajwal’s petition said, “Even if the Income Tax returns were found to be payable by the appellant, that was a separate and independent cause of action falling within the domain of Income Tax authorities and not under the present jurisdiction of election petition.”
His father, HD Revanna is a member of Karnataka legislative assembly. The high court also directed the Election Commission to take action against Prajwal’s father HD Revanna and brother Suraj Revanna (an 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.
The Supreme Court, meanwhile, refused to entertain a separate petition filed by HD Revanna challenging the high court order.
Advocates Pramila Nesargi and Balaji Srinivasan, appearing for the election petitioners, objected to the petition, saying that HD Revanna was not part of the election petition proceedings before the HC. Srinivasan said they need to file special leave petition (SLP) to challenge the order against them. The top court agreed with this view and permitted the appeals by the MLA to be withdrawn.
