New Delhi
The Supreme Court on Monday issued notice to Karnataka IT Minister Priyank Kharge regarding a petition challenging his election from the Chittapur (SC) constituency in the 2023 Karnataka Assembly polls. The plea, filed by Ashwathram, a registered voter from Chittapur, alleged that Kharge and his agents circulated pamphlets titled “Congress Guarantees” during the campaign, offering direct monetary transfers and other targeted benefits to voters. The petitioner claimed these pamphlets were not part of the official Congress manifesto and lacked statutory printer and publisher disclosures as required under the Representation of People Act (RPA), effectively amounting to inducements or bribery under Section 123(1) RPA.
The plea further challenged Kharge’s nomination, citing a caste certificate not issued in the prescribed format and alleged misrepresentation of educational qualifications. According to the petitioner, these defects collectively undermined the election, rendering it void under Sections 100(1)(b) and 100(1)(d) of the RPA. The Karnataka High Court had earlier dismissed the petition, holding that the pamphlets did not constitute corrupt practices, and the other allegations were immaterial.
The Supreme Court bench of Justices M M Sundresh and Satish Chandra Sharma has directed Kharge to respond. Senior advocate Anand Sanjay M Nuli accepted the notice and agreed to file a written reply. The petitioner argued that the High Court erred in its judgment and emphasized that candidates and parties must remain accountable for promises made to voters to ensure free and fair elections.
Points to Ponder
- Petition alleges “Congress Guarantees” pamphlets promised monetary benefits to voters.
- Nomination challenged due to defective caste certificate, misrepresented educational qualifications.
- Petitioner argues High Court erred; accountability ensures free and fair elections.
