The Supreme Court has urged the Election Tribunal adjudicating a challenge to the Karnataka State Bar Council elections to expedite proceedings, making it clear that the tribunal would be at liberty to proceed ex parte if the contesting respondents continued to remain absent.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana passed the directions while hearing a petition filed by an advocate who had contested the Karnataka State Bar Council elections and alleged serious irregularities in the electoral process.
The petitioner has raised allegations of discrepancies in the votes recorded and counted in a particular ballot box, besides claiming that instances of electoral malpractice and alleged rigging were captured in CCTV footage.
Advocate Kumud Lata Das appeared on behalf of the petitioner and informed the Court that the petitioner intended to present her case personally.
The petitioner apprised the Bench that she had initially approached several authorities, including the High Powered Election Committee, seeking redressal of her grievances before instituting an election petition. The matter is currently pending adjudication before the Election Tribunal.
Expressing concern over the delay, the petitioner submitted that approximately five months had passed without meaningful progress, as the contesting respondents had allegedly failed to appear before the Tribunal. She also pointed out that crucial material relating to the election, including ballot papers and CCTV recordings, remained in the possession of authorities in Karnataka.
During the hearing, Chief Justice Surya Kant referred to the committee already constituted to examine complaints relating to the election process. However, the petitioner pressed for effective directions to ensure that her pending election challenge was decided without further delay and that relevant evidence was preserved and examined.
Taking note of the submissions, the Supreme Court requested the Election Tribunal to take up the election petition expeditiously. It clarified that the Tribunal would not be required to indefinitely defer proceedings on account of the respondents’ non-appearance and could proceed ex parte, in accordance with law, if they failed to participate.
The Bench also permitted the petitioner to participate in the proceedings through virtual mode, thereby facilitating her appearance before the Tribunal without requiring physical presence on every occasion.
Additionally, the Court allowed her to furnish a list identifying the individuals or authorities in whose custody the relevant election records and evidence were available. The Tribunal was left at liberty to examine such persons either through virtual proceedings or by directing them to appear physically with the requisite documents and material.
The directions are intended to facilitate the timely adjudication of the election dispute and ensure that the petitioner’s allegations receive consideration before the competent forum.
The challenge concerns the Karnataka State Bar Council elections held on March 11, 2026, and allegations relating to irregularities in polling, counting and tabulation of votes.
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