The Karnataka High Court has set aside the election of independent MLA B. Sreeramulu’s sister J. Shantha as Member of Parliament from Bellary constituency. Justice H. Billappa passed the order stating that there was irregularity in the counting process and directed the returning officer to recount the votes within four weeks and to submit a report.
Ms Shantha won the 2009 Lok Sabha elections on a BJP ticket with a margin of 2,243 votes over Congress candidate N.Y. Hanumantha Rao. An election petition in this regard was filed by Congress worker M. Chandregowda seeking Ms Shantha’s disqualification on the grounds of irregularities in the counting of votes.
The petitioner had charged Ms Shantha of producing a false caste certificate. He contended that Ms Shantha, who actually belonged to the Boya community, which comes under Backward Community in Karnataka and Andhra Pradesh, had submitted a certificate claiming she belonged to the Hindu Valmiki community, a Scheduled Tribe. This also amounted to malpractice since Bellary is a reserved constituency for Scheduled Tribes, the complainant contended.
However, this ground of the petitioner was not considered by the court. “The petitioner says R1 (Ms Shantha) belongs to the Boya community and is improperly accepted. However, the petitioner fails to show that she belongs to the Boya community. But the respondent proves that she belongs to the Valmiki community,” the court stated.
The court also dismissed a plea filed by Ms Shantha seeking dismissal of the petition. Justice Billappa, in a 172-page order, set aside prayer to declare Mr Hanumanthappa as the winner. “To declare R2 (Hanumanthappa) as elected, the petitioner must show he has secured a majority of the valid votes. Allegations by the petitioner of corrupt practices in the voting are not proved.
The R2 has not secured a majority of the valid votes and it is yet to be ascertained after counting. Therefore, R2 cannot be declared elected. It depends on the result of recounting”, the court said. The petition had contended that her election was suspicious in nature.