Case Note & Summary
The election petition was filed by Sri. C. Muniraju, an unsuccessful candidate of the Bharatiya Janata Party, challenging the election of Sri. S.N. Subbareddy, the returned candidate of the Indian National Congress, from 140-Bagepalli Assembly Constituency in the 16th Karnataka Legislative Assembly elections held on 10.05.2023. The petitioner alleged that the respondent failed to disclose up-to-date details of assets and liabilities belonging to himself, his wife, and dependent daughter in the Form 26 affidavit filed with his nomination on 20.04.2023. Specific non-disclosures and false information were enumerated, including bank account balances, business interests, loans advanced, agricultural and non-agricultural properties, GST dues, offshore assets, and income tax returns. The petitioner contended that such non-disclosure and false information amounted to corrupt practice under Section 123(2) of the Representation of the People Act, 1951, and that the Returning Officer ought not to have accepted the nomination, thereby materially affecting the election result. The petitioner sought to set aside the election and to be declared elected in place of the respondent. In response, the respondent filed a written statement denying all allegations, asserting that the Form 26 affidavit requirements are not statutory and non-disclosure does not constitute a ground for setting aside an election under Section 100 of the Act. The respondent also argued that the petition lacked concise material facts and particulars as required under Section 83, and that the alleged non-disclosures were either inadvertent, already disclosed in aggregate, or not required to be disclosed. The matter was heard and reserved for orders on 05.02.2026, and the court pronounced the order on 16.02.2026, though the operative portion and reasoning are not included in the provided text.
Issue of Consideration
ELECTION PETITION No.4 OF 2023
Case Details
2026 LawText (KAR) (02) 67
Election Petition No.4 of 2023
Hon'ble Mr. Justice M.G.S. Kamal
For Petitioner: Smt. Nalina Mayegowda (Senior Advocate) for Sri. Manjunatha Hiral; For Respondent No.1: Sri. Jayakumar S. Patil (Senior Advocate) for Sri. D.P. Mahesh
Sri. S N Subbareddy alias Chinnakayalapalli and others
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Election Petition challenging election of returned candidate under Representation of the People Act, 1951
Remedy Sought
Petitioner seeks to set aside election of Respondent No.1 and declare himself elected
Filing Reason
Alleged non-disclosure and false information in Form 26 affidavit filed with nomination, amounting to corrupt practice
Issues
Whether the election of Respondent No.1 is liable to be set aside on the ground of corrupt practice under Section 123(2) and/or Section 123(1) of the Representation of the People Act, 1951, due to alleged non-disclosure and false information in Form 26 affidavit?
Whether the Returning Officer improperly accepted the nomination of Respondent No.1?
Whether the petitioner is entitled to be declared elected under Section 101 of the Representation of the People Act, 1951?
Submissions/Arguments
Petitioner: Respondent No.1 failed to disclose up-to-date bank balances, business details, loans advanced, agricultural and non-agricultural properties, GST dues, offshore assets, and inaccurately reported income tax returns; such non-disclosure and false information constitute corrupt practice, materially affected the election, and the nomination should have been rejected.
Respondent No.1: Form 26 disclosure requirements are not statutory and non-disclosure does not constitute corrupt practice or a ground for setting aside an election under Section 100; the petition lacks concise material facts and particulars required under Section 83; the alleged non-disclosures were either inadvertent, aggregated, or not required.
Procedural History
Election Petition presented under Sections 80, 81, 100, 101 r/w Section 123 of the Representation of People Act, 1951, by Sri. C. Muniraju along with counsels before the Registrar (Judicial) on 24.06.2023, challenging the election of Respondent Sri. S.N. Subbareddy from 140-Bagepalli Assembly Constituency. Heard and reserved for orders on 05.02.2026. Order pronounced on 16.02.2026.
Acts & Sections
- Representation of the People Act, 1951: 33, 33A, 80, 81, 83, 100, 101, 123
- Central Goods and Services Tax Act, 2017: 47
