Karnataka High Court Orders Recount in Malur Assembly Constituency Amid Election Irregularities

Video Recording Lapses and Procedural Violations Lead to Recounting Directive; Election Commission to Declare Results Afresh

Bangalore: In a significant judgment, the Karnataka High Court has directed the recounting of votes for the Malur Assembly Constituency, Kolar District, following allegations of procedural violations and discrepancies in the election process. The court, presided over by Justice R. Devdas, passed the order on September 16, 2025, setting aside the election of the incumbent MLA, Sri. K.Y. Nanje Gowda, from the Indian National Congress, during the elections held in May 2023.

The petition, filed by Sri. K.S Manjunath Gowda, challenged the election process under Section 100(1)(d) of the Representation of People Act, 1951, citing the absence of mandatory video recordings of the counting process and discrepancies in Form-17C Part II. The court found that these lapses warranted a recount to ensure the fairness and transparency of the election.

Justice Devdas emphasized the importance of video recordings in verifying allegations of procedural irregularities, including unauthorized entry into the counting center and the absence of signatures from the petitioner's counting agents on essential documents. The court noted that the video recordings could have provided crucial evidence to substantiate the claims of manipulation and procedural lapses.

Despite efforts to obtain the video recordings from the District Election Officer, the court observed that they were not made available, leading to an adverse inference against the election authorities. The court underscored the guidelines in the Handbook for Returning Officers, which mandate videography of the counting process to ensure transparency and fairness.

The judgment also highlighted the failure of the Returning Officer to pass a written order on the recounting application filed by the petitioner immediately after the counting process. The court found that the non-compliance with mandatory requirements materially affected the election result.

The court directed the Election Commission of India to conduct the recount within four weeks and declare the results afresh. Additionally, the Election Commission was instructed to take appropriate action against the District Election Officer for failing to produce the video recordings.

The decision marks a significant development in the ongoing efforts to uphold electoral integrity and transparency. It underscores the judiciary's role in addressing electoral grievances and ensuring adherence to statutory provisions and guidelines. The recounting process is expected to bring clarity to the election outcome and restore public confidence in the electoral process.

The case references included landmark judgments such as Mohinder Singh Gill v. Chief Election Commissioner and Union of India v. Association for Democratic Reforms, which reaffirmed the binding nature of guidelines issued by the Election Commission under Article 324 of the Constitution.

The judgment has been communicated to the Secretary of the Election Commission of India, the Chief Electoral Officer of Karnataka, the District Election Officer of Kolar, and the Returning Officer of Malur Assembly Constituency for immediate compliance.

As the election process in Malur undergoes scrutiny and recounting, stakeholders and observers await the fresh declaration of results, which will determine the rightful representative of the constituency.

Sri. K.S Manjunath Gowda v. Sri. K.Y. Nanje Gowda, (Karnataka) : Law Finder Doc Id # 2779770