[Case On Violation Of Election Code Of Conduct] Karnataka HC Stays Summons Against Yediyurappa [Read Petition]

Yediyurappa has moved the court seeking to quash a complaint dated 26.11.2019, registered against him for offences under Section 123 (3) of the Representation of Peoples Act, 1951 and under Section 171 (F) of the Indian Penal code. Further, to quash the order dated June 26, issuing summons to him.

Justice Suraj Govindaraj has reserved its order after hearing in detail the submission made by Senior Advocate C.V. Nagesh, and Advocate Sandeep Patil, who appeared for Yediyurappa.

In the complaint filed by Laxman Allapur who was deputed on election duty as a Flying Squad by the District Election Officer, Belagavi for Gokak Constituency Bye-Elections. It is alleged petitioner while campaigning for the BJP Candidate Ramesh Jarkiholi had appealed in his speech that the Veerashaiva Lingayat Community Members votes must be consolidated and that they should not disperse here and there and as such he has violated the Election Code of Conduct.

Based on the complaint, the police registered a Non-Cognizable Report bearing and made a requisition on 26.11.2019, before the Trial Court to seek permission to register and investigate into the alleged non-cognizable offences, which was accorded. Pursuant to which police registered the FIR and after completion of investigation has submitted the Final "B" Report, before the Trial Court on June 25.

However, the trial court strikes down the said order and June 26, takes cognizance and issues summons to the Petitioner and directs the Registry to register the case.

It is argued in the petition that "The registration of FIR amounts to gross violation of the Rule of Law much less in gross violation to Section 155 of Cr.P.C. Further, the Trial Court ought to have applied its mind at the time of taking cognizance by giving reasons for summoning the petitioner. In the absence of such mandatory compliance the proceedings before the Trial Court become unsustainable and in absence of there being a set of facts so as to constitute the commission of the offences, the lodging of the complaint and continuation of the criminal proceeding pursuant thereto, would amount to gross abuse of process of Court and of law."

It is also claimed that bare reading of the complaint and the entire B Final Report reveals that the allegations made therein are based on presumptions and no evidence of whatsoever nature is produced so as to implicate the Petitioner. The entire complaint is concocted and does not instill any credibility and as such is liable to be quashed.

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