The High Court of Karnataka has dismissed a petition filed by the former Minister T.B. Jayachandra questioning the election of C.M. Rajesh Gowda of the BJP to the Legislative Assembly from Sira constituency in the byelection held in November 2020.
The petition was rejected on the ground of not adhering to Section 82 (a) of the Representation of the People Act, 1951, that makes it mandatory joining all the contested candidates as respondents to the petition when a petitioner seeks a declaration that he himself may be declared as elected.
Justice R. Devadas passed the order in terms of the Section 86(1) of the RP Act, 1951, which specifically imposes a condition on the High Courts to dismiss such election petition which does not comply with the provisions of the Section 82.
As Mr. Jayachandra, while questioning the legality of Dr. Gowda’s election, had made a plea to declare himself as the duly elected candidate but had made only Dr. Gowda as respondent, leaving out other candidates who had contested the byelection. “The legislature in its wisdom has made the observance of certain formalities and provisions obligatory and failure in that respect can only be visited with a dismissal of the petition,” the court said while referring to restrictions imposed on the High Court on entertaining election petitions that do not conform to the procedural norms laid down in the RP Act.
