Karnataka Legislative Council elections 2021: Supreme Court rejects Deputy Chairman plea against recounting of votes

The Supreme Court on Thursday dismissed a special leave petition filed by Karnataka Legislative Council Deputy Chairman MK Pranesh challenging the Karnataka High Court’s order directing recounting of votes cast in the 2021 Karnataka Legislative Council election from the Chikkamagaluru Local Authorities’ Constituency.

With the dismissal of the plea, the recount of votes ordered by the High Court attained finality, resulting in the setting aside of Pranesh’s election and the declaration of Congress candidate AV Gayathri Shanthegowda as the duly elected Member of the Legislative Council.

The Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice Vipul M Pancholi found no merit in Pranesh’s challenge to the Karnataka High Court’s January 29, 2025 judgment and dismissed the petition. The decision paved the way for the declaration of the result based on the recount of votes, which had earlier been conducted pursuant to the Court’s interim directions and kept in a sealed cover.

The dispute arose from the Karnataka Legislative Council election held on December 10, 2021, in which Pranesh, a BJP candidate, was declared elected by a narrow margin of six votes. His election was challenged by unsuccessful Congress candidate A.V. Gayathri Shanthegowda through an election petition alleging material irregularities in the counting process, including improper acceptance and rejection of ballot papers, violations of the election rules and the participation of nominated members of town panchayats who were allegedly not entitled to vote in elections to the Legislative Council.

While the Karnataka High Court had directed a recount of votes in January 2025, the Supreme Court had earlier permitted the recount exercise but ordered that the outcome be submitted before it in a sealed cover pending adjudication of the appeal.

Upon examining the matter, the apex court declined to interfere with the High Court’s order. Consequently, the recount results became operative, leading to the annulment of Pranesh’s election and the declaration of Gayathri Shanthegowda as the successful candidate. She will now be recognised as the elected representative from the Chikkamagaluru Local Authorities’ Constituency, subject to the issuance of the formal notification by the Election Commission of India.

The verdict brings an end to the election dispute and alters the political composition of the 75-member Karnataka Legislative Council by increasing the Congress party’s strength to 40 members, thereby further consolidating the ruling party’s majority in the Upper House. The judgment also reiterates the Supreme Court’s supervisory jurisdiction in election disputes involving recount of votes and underscores the principle that election results may be corrected through judicial scrutiny where material irregularities in the counting process are established.

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