MLA pays for officer’s deed

[1]

In yet another blow to the ruling BJP government in the state, the Karnataka High Court on Friday set aside the election of party MLA N.S. Nandish Reddy from K.R. Puram legislative assembly constituency.

Justice D.V. Shylendra Kumar on Friday held the election of Mr Nandish Reddy as void, mainly due to improper rejection of an election candidate’s nomination papers by a returning officer.

The court, while come down heavily on the official, highlighted the crucial role a returning officer in a democratic set-up.

“It is a very responsible statutory functionary whose decisions can gave a great bearing on the outcome of elections, in making or marring the careers of persons with political aspirations in a parliamentary democratic system”, the court said.

The court also directed the HC registrar-general to file a complaint before the competent court against the returning officer for lying under oath by giving false evidence during trial of the case.

The court said an errant returning officer can derail the democratic process. “Having such vast duties and responsibilities, the officer, when before the court, is expected to answer truthfully the questions posed by the counsel on behalf of the party who has cited him as a witness”, the court noted.

The court observed that in the present case, it is found that the RO has been accused of acting in a discouraging manner.

In fact, it is found that he was also lying under oath during the course of giving his statement before the court.

Such incident will have negative impact on a democratic system and therefore the Election Commission of India should take care to identify properly qualified officials with bonafides and commitment and nominate only such people for crucial roles.