Karnataka High Court dismisses PIL challenging State Assembly polls-2023

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The Karnataka High Court last week dismissed a Public Interest Litigation plea moved seeking directions to the State and Chief Election Commissioner to not conduct the 2023 Assembly election in the state but to directly elect people's representatives from all political parties. 

The division bench of Chief Justice Ritu Raj Awasthi and Justice S Sujatha held, "The averments made in the writ petition do not make out any case for grant of indulgence. The writ petition, being misconceived, is dismissed."

The petition, moved by one Murali Krishna Brahmandam, had sought directions to the respondent authorities to not conduct the 2023 Assembly election but to conduct a direct election for the whole Karnataka state area. Brahmandam had alleged that it is a move that is needed to make the Karnataka area more equitable to all.

Brahmandam had further sought a direction to the respondent authorities and political parties to come together and ask him to act as the Interim Representative of Karnataka to restructure the Karnataka area government correctly. He had claimed that it is a need of the Karnataka area people and businesses that cannot be fulfilled otherwise.

After going through the averments made in the petition, Court noted, "It appears from the averments made in the writ petition that the petitioner is aggrieved with the Assembly elections held under the Representation of the People Act, 1951 (for short the said Act)."

However, Court noted that in his petition, Brahmandam had not challenged the provisions of the said Act. Therefore, Court held that the averments made in the writ petition did not make out any case for grant of indulgence.

Case Title: Murali Krishna Brahmandam v. Chief Electoral Officer