Karnataka High Court Dismisses Plea Challenging Election Of Chief Minister Siddaramaiah From Varuna Constituency

The Karnataka High Court on Tuesday dismissed the election petition filed against Chief Minister Siddaramaiah's victory from Varuna constituency in the 2023 assembly elections..

A single judge, Justice S Sunil Dut Yadav dismissed the petition filed by K M Shankara, a voter from the constituency who alleged that the Congress leader indulged in electoral malpractices.

A detailed order is yet to be made available.

The Congress party's manifesto provided five guarantees to the people of Karnataka: 'Gruha Jyothi' - 200 units of free electricity to all houses, 'Gruha Lakshmi' - ₹2,000 every month to each and every woman head of a family, 'Anna Bhagya' - 10 kilograms of food grain per month to every member of a below poverty line (BPL) family, 'Yuva Nidhi' - ₹3,000 per month for two years to unemployed graduates and ₹1,500 per month for two years to unemployed diploma holders and 'Uchita Prayana/Shakthi' - free travel to all women throughout the state in regular KSRTC/BMTC Buses.

As per the petitioner, promising such "freebies" amounts to corrupt practice.

“The five guarantees are the corrupt practices amounting to bribery and also undue influence under section 123(2) of the Representation of People Act. The said guarantees are in the nature of offer and promises made by the candidate and by the Indian National Congress party. They are in the form of gratification to the electorate of Varuna constituency and with the object of directly inducing the electorate to vote for the congress party candidate—Siddaramiah", the petition read.

Senior Advocate Pramila Nesargi appearing for the petitioner argued that schemes like free bus travel (Shakti scheme) for women infringes Article 14 of the Constitution and discriminates against men.

Nesargi also contended that the coordinate bench judgments in B Lakshmidevi and Rizwan Arshad, 2024 LiveLaw (Kar) 178 and Shashanka J Sreedhara and B Z Zameer Ahmed Khan, 2024 LiveLaw (Kar) 199 which held that promises published in election manifesto of political parties doesn't amount to corrupt practices by contesting candidates, are not applicable to the present case.

“My case is that R1 (Siddaramiah) admits that he has canvassed for the entire constituency and State, public meetings are held, advertisements have been given. Guarantee is signed by Siddaramaiah. It is not by Indian National Congress, a political party. He is asking for votes based on the guarantees. Therefore, he has acted as an agent and himself is a candidate. Entire election held in Karnataka has to be declared as void,” the counsel submitted.

It was claimed that the above government policies are contrary to the directive principles of the State policy. The petitioner sought that Siddaramaiah's election be rendered void and that he be debarred from contesting elections for six years.

Case Title: K V Shankara And Siddaramiah

Case No: EP 13/2023.

Sr Adv Pramila Nesargi for Petitioner.

Advocates for Respondent: Sr Counsel Prof Ravi Varma Kumar, Adv Leela P Devadiga, Samrudh Suraj Hegde, Shathabish Shivanna

Citation No: 2025 LiveLaw (Kar) 149

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