Deeksha Sood –
The High Court of Karnataka has cancelled the elections that were held to the Karnataka Medical Council (KMC) while declaring that the elections were corrupt owing to fraud by the Returning Officer, a Joint Registrar of Department of Cooperative Societies.
The Court directed to conduct re-election within the timer limit of six months.
Justice M Nagaprasanna at Kalaburagi Bench of High Court allowing the petition filed by Dr Ganchinamani Naganatha 70-year-old Medical Practitioner from Kalaburagi passed the order that final voters list published on January 10, 2020, by the Returning Officer is quashed and as a consequence of which election conducted to KMC on 23rd January 2020 and results declared on 25th of January 2020 were also cancelled.
The Court also directed the Lokayukta to conduct disciplinary proceeding on the corrupt officers involved in this matter and while observing that it would be futile to entrust enquiry to the State government which had supported his submission before the court.
Multiple litigations on delay in elections and the manner of conduct of polls since the past four years by the High Court.
The Lokayukta shall conduct proceedings and submit a report to the state government which shall consider the same and pass appropriate orders.
The Court further added that this process should be concluded within nine months and the Court while referring to the conduct of RO who on his own declared 37,298 voters to be eligible voters to vote in the election over and above 42,014 voters given by the Council.
‘’It is beyond cavil, the action of the RO, is conceived in fraud and delivered in deceit. The defence that the RO seeks to put forth contending that he is an innocent officer following the law is only a masquerade to cover up his fraudulent activity. This court cannot turn a blind eye to such fraudulent acts. It is, by now, too well settled a principle of law that fraud unravels everything and obliterates every solemn act’’ the court observed.