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Synopsis

A plea has been filed in the Karnataka High Court seeking an order to declare election of Chief Minister Siddaramaiah from the Varuna constituency as void for indulging in corrupt practices by offering five guarantee schemes, amounting to bribery to voters.

A single bench of Justice S Sunil Dutt Yadav issued notice in the plea after stating ordering to ensure that the petitioner was able to rectify office objections raised by the registry.

K M Shankar, a voter from the Varuna constituency, who had served as a Gram Panchayat member from Someshwara in Koodanahalli, Mysuru, has filed the election petition.

In his plea, he contended that Chief Minister Siddaramaiah has indulged in corrupt practices and his actions have attracted the provisions under Section 123 of the Representation of People’s Act.

Citing the guarantee schemes - Gruha Jyothi, Gruha Lakshmi, Anna Bhagya, Yuva Nidhi and Shakthi - the petitioner contended that these schemes are against the public policy and are in the nature of ‘offer and promises’ by the candidate and the Congress party.

"The implementation of these schemes are detrimental to the interest of the Karnataka State and those per se amount to bribery of corrupt practice and as the 1st Respondent is elected by using these guarantees for the election, therefore his election is liable to be set aside," the plea said.

These promises amount to bribery and also undue influence under Section 123(2), he contended.

“The said guarantees are in the nature of offer and promises made by the candidate and by the Indian National Congress party. This was done with the consent of the respondent. They are in the form of gratification to the electorate of the Varuna constituency and with the object of directly inducing the electorate to vote for the Congress party candidate, namely the respondent (Siddaramaiah). The consideration was voted in favour of the respondent as a gratification with the motive and reward. These manifestos were distributed to the electorate in Varuna constituency and took their consent for voting in favour of respondent,” the petition stated. 

The petitioner said that the Election Commission has issued guidelines for the political parties that they must avoid making promises which are likely to vitiate the purity of the election process or exert undue influence on the voters.

"With the present schemes, the major industries in Karnataka may shift to other States resulting into reduction in the developmental activities. Incidentally the GDP will come down and if the GDP comes down, the income for the Karnataka State will be lowered," the plea said.

The petitioner also claimed that the said five guarantees have no legal sanction and the said Schemes does not find provision for the previous budget. "The said five Guarantees are in contravention of the Constitution. The schemes can be made only under the Directive Principles of State Policy and under the Constitution. They are foundation in the governance of the country," he said.

Though the promises have been made under the manifesto by the "Indian National Congress" party after the elections now they are trying to implement the schemes spending money belonging to government which is not permissible, the petitioner said.

"Economic growth without social justice is inhuman but social justice without economic growth is impossible. What the Congress party trying to do is to give free facilities and allowances for the people for the sake of votes and thus they are creating auto hypnosis in the minds of the innocent citizens and making them to depend upon the government," he said.

The petitioner also pointed out that the Supreme Court has suggested setting up a specialised body to examine "irrational freebies" being offered to voters during the election.