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The Supreme Court today reserved its judgement in a plea filed by S Rukmini Madegowda challenging the Karnataka High Court order wherein the court upheld district court's order by by which her election to the Mysore Municipal Corporation as a Councilor representing Ward No. 36 Yerganahalli had been set aside.

The three Judge Bench of Justice UU Lalit, Justice Indira Banerjee and Justice Ajay Rastogi has meanwhile directed all the parties to file their submissions.

Senior Advocate Shyam Divan appearing for Madegowda submitted that the Karnataka Municipal Corporations Act, 1976 did not provide for disclosure of assets of a candidate or his spouse, though the provision was there in the Central Act. Hence without an amendment in the state act, the notification seeking an affidavit to place on record the assets of the candidate and his spouse was not valid.

Divan further argued that as far as election law is concerned it is a statutory law and has to be made by a competent legislature. Hence the form seeking the disclosure of assets of a candidate required legislative backing.

The question before the bench was that though every electorate must be aware of the criminal antecedents and also the assets of the candidate and his relatives, whether regardless of legislation there has to be disclosure of such details. The bench after hearing the parties reserved its judgement.

The Karnataka High Court bench of Justice NS Gowda on May 26, 2021 by upholding the Trial Court order had disqualified Rukmini’s election as councilor for not submitting the details of assets in the affidavit filed with nomination papers in 2018. 

“The outcome of the elections had been materially affected and the appellant’s election was liable to be held as void and the fourth respondent was entitled to be declared as the returned candidate.”, the impugned order said.

The trial court in the city had disqualified Rukmini of JD(S), also Mayor, as corporator for not disclosing the details of assets in the affidavit filed with nomination papers in 2018 after Rajani Annaiah of Congress, who lost to Rukmini Madegowda in the 2018 Corporation polls, filed a petition in the District Court questioning the election of Rukmini alleging false affidavit regarding her assets. 

On June 8, 2021, vacation bench of Justice MR Shah and Justice Indira Banerjee had directed Madegowda to file additional documents. 

On June 15, 2021 vacation bench of Justice MR Shah and Justice Indira Banerjee had directed for listing the matter before an appropriate bench.

Case Title: S. Rukmini Madegowda Versus The State Election Commission And Ors.| SLP (C) No. 7414/2021