'Only Procedural Error': Karnataka High Court Orally Remarks In Plea Challenging BJP Leaders' Complaint Against Smart Electricity Meter Tender

The Karnataka High Court has orally remarked that the complaint by BJP leaders challenging the alleged irregularity in the tender for the procurement and installation of smart electricity meters may have only suffered from procedural errors.

Justice M I Arun told the petitioners, "The maximum relief you can have is to redo the process again. What else can you have? It is only a procedural error. It [is] your case that the entire proceedings be set aside."

Challenging the validity of the complaint, it was argued by the counsel for the petitioners that in the present case, the request made by the complaint was not to take cognisance but to invoke the jurisdiction of Section 175 (4) BNSS to refer the complaint to the Lokayukta for investigation. Thus, it restricted the hands of the court.

It was stated that protection is given to public servants in such cases, or anyone could make complaints. Counsel referred to Section 218 of the BNSS in this regard, 

It was argued that if the grievance of complaint before the court is in relation to an act alleged by the petitioner, who is a public servant, the first thing the court is to do is call for a report from the superior of the public servant and in the case of ministers, from the appointing authority.

It was stated that it was well within the knowledge of the complainant who the petitioners' superior was, and they have even filed a representation before the Governor in the counter filed by them.

Counsel stated that if the offence alleged is regarding decisions taken in office, then the petitioners come under the purview of Section 17A of the Prevention of Corruption Act, and prior sanction is required to prosecute them.

It was further stated that the present complaint may have been politically motivated in nature.

Accordingly, the court adjourned the matter for further hearing on 28th August.