Supreme Court Issues Notice In Plea Against HC Order Rejecting Challenge To Election Of Congress Candidate Eshwar Bhimanna Khandre

The civil appeal preferred by BJP Candidate DK Sidram was listed before the bench of Justices DY Chandrachud and Surya Kant.

Senior Advocate Siddhartha Dave appeared for the defeated BJP Candidate DK Sidram.

Before the Karnataka High Court, DK Sidram had challenged the election of Eshwar Bhimanna on the ground of corrupt practices comprising of distribution of wall clock and monies, filing of false affidavit, improper acceptance of his nomination paper as well as misuse of his official machinery in the post of Cabinet Minister.

Counsel for DK Sidram had contended that Khandre had furnished false information and suppressed vital ones in Form 26, he had not filed ITR, had falsely claimed to not be an IT Assesse and had not shown the income received as Chairman of Shantivardhak Educational Society. It was also argued that

Against this backdrop, he had sought to declare him as the elected MLA of Bhalki Constituency.

The bench of Justice S Krishna Dixit while rejecting the petition had said,

"The vehement submission of learned Sr. Adv. Mr. Holla that the "abnormally high polling" during the last one hour and enormous delay brooked in transporting the EVMs raise a strong suspicion as to bogus voting and tampering of the EVMs to favour the R-1 is bit difficult to countenance; ordinarily in the General Elections, the rural masses throng the polling stations at the fag end, is a matter of judicial cognizance; the Election Commission of India since long has issued several Orders regulating such a scenario; however such incidents that per se does not raise any suspicion; after all it is said "the sea of suspicion has no shore" ;the allegation of tampering of EVMs cannot be lavishly made especially when in terms of decision of the Apex Court in DR.SUBRAMANIAN SWAMY vs. ELECTION COMMISSION OF INDIA, (2013) 10 SC 500, the ECI has adopted VVPAT to the EVMs and thereby, rendered them nearly untamperable; in fact, an amendment has been effected to the Conduct of Election Rules, 1961 w.e.f. 14.8.2013 enabling the Commission to accomplish the direction in the case and accordingly, all necessary precautions have been taken."

Case Title: DK Sidram v Eshwar Bhimanna Khandre & Ors| CA No 2706 of 2022