The High Court of Karnataka has quashed three criminal cases booked against former Chief Minister H.D. Kumaraswamy regarding violation of election code of conduct during elections held to Chickballapur Lok Sabha constituency in 2014.
Justice R. Devdas passed the order while allowing three separate petitions filed by Mr. Kumaraswamy questioning the legality of registration of cases by the Chickballapur police on complaints lodged by officials in charge of the election process.
The court, in two cases, held that the trial courts could not have taken cognisance of the offence alleged under Section 188 (disobedience to order duly promulgated by public servant) of the Indian Penal Code without a written complaint by the public servant concerned.
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Another case
On another case registered for wrongful restraint of public during election campaign, the court from the records found that the allegation was levelled against the workers of the political party for causing inconvenience to the public by blocking roads for campaign and there was no specific allegation against Mr. Kumaraswamy.
However, the court made it clear that the authorities are at liberty to initiate proceedings in accordance with the law, if so advised.
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