Karnataka HC Orders Recount in Malur, Sets Aside Congress MLA K.Y. Nanje Gowda’s 2023 Election Win

The Karnataka High Court has set aside the election of Congress leader K.Y. Nanje Gowda from the Malur Assembly constituency in Kolar district and directed a recount of votes within four weeks, holding that the unexplained absence of video recordings of the counting process created sufficient doubt over the fairness of the May 2023 poll result. The Court said that every document relating to an election must be preserved for verification and non-production of such records could not be brushed aside.

A single judge bench of Justice R. Devdas passed the order on September 17, 2025, while allowing in part an election petition filed by defeated candidate K.S. Manjunath Gowda.

Noting that the District Election Officer had failed to produce crucial video evidence of the counting process despite multiple directions, the Court remarked, “Each and every document pertaining to an election is important and all efforts should be made to preserve the same.”

The bench held that the petitioner had made out a case for recounting and accordingly directed the Election Commission of India to conduct a recount and declare the result afresh for the Malur constituency.

The petition was moved under Section 81 of the Representation of the People Act, 1951 by K.S. Manjunath Gowda, challenging the election of K.Y. Nanje Gowda to the 149 Malur Assembly Constituency during the 2023 Karnataka Assembly elections.

The petitioner alleged violations of the Conduct of Election Rules, manipulation of Form-17C records, improper rejection of recounting applications, and irregularities in the presence and signature of counting agents.

He also argued that unauthorized persons were allowed inside the counting hall, that signatures of his agents were taken even before the EVMs were opened, and that the mandatory videography of the counting process was deliberately withheld.

The Court noted that while allegations of malpractice and irregularities are often difficult to prove, the absence of the video recording, a mandatory safeguard under the Election Commission’s handbook for Returning Officers, struck at the root of transparency. During the proceedings, the District Election Officer admitted that the hard disk containing the video had been handed over to him by the service provider but could not explain why it was not produced before the Court.

The Court observed that this failure warranted drawing an adverse inference against the election authorities.

Counsel for the Congress MLA had argued that the videography was only secondary evidence and that the primary material for consideration remained Form-17C Part II and other statutory documents. It was further submitted that since the Congress candidate was in opposition when the election took place and the BJP was in power in the state, there was no scope for exerting undue influence over election officials.

The margin of victory, though slender, was contended to be no ground for recounting without proof of irregularities materially affecting the result.

Rejecting these submissions, the Court relied upon recent Supreme Court pronouncements which emphasized that where vital election records are missing or withheld, the finality of the result becomes questionable.

The bench observed that the requirement of recording the counting process was not a mere guideline but an essential safeguard to ensure clean and transparent elections. It was noted that such records also provide losing candidates with the necessary material to mount a legal challenge, without which the fairness of the process would be undermined.

Accordingly, the election of Congress MLA K.Y. Nanje Gowda was declared void and the Election Commission was directed to complete the recounting exercise within four weeks. The Court also instructed the Commission to take appropriate action against the District Election Officer for failing to produce the video recordings despite repeated directions.

The ruling comes as a setback for the Congress party, which had secured the Malur seat in the 2023 elections amid a broader sweep in the Kolar region.

With the High Court’s directions, the constituency will now see a fresh determination of results based on a recount.

Case Title: K.S. Manjunath Gowda v. K.Y. Nanje Gowda

Bench: Justice R. Devdas

Date of Judgment: September 17, 2025