Karnataka HC: Private Individuals Cannot Challenge Errors In Poll Affidavits; Only EC Has Authority

Bengaluru: The Karnataka High Court has clarified that private individuals do not have the right to file complaints regarding discrepancies in election affidavits. The court stated that only the Election Commission of India (ECI) has the authority to raise objections under the Representation of the People Act, 1950.

The ruling came in response to petitions filed by Mahadevapura MLA Manjula Limbavali and Bidar South MLA Shailendra Beldale seeking the dismissal of cases against them. Justice M. Nagaprasanna's bench ruled in their favor, quashing the complaints against them.

Manjula Limbavali was accused of concealing details about a company in which she was a partner and failing to disclose information about her dependent sibling in her election affidavit. A private complaint was filed by Nalluralli Nagesh against her. Similarly, Shailendra Beldale was accused of providing false information about his village of residence, leading to a complaint filed by Rajkumar Madki.

During the hearing, Limbavali’s counsel argued that her children were financially independent and paid their own taxes, making them non-dependents. Additionally, her partnership in a corporate entity did not require disclosure under election affidavit rules. Meanwhile, Beldale’s counsel submitted that he had been a registered voter in the same village for three elections, and the allegations were baseless.

Considering these arguments, the High Court ruled that private individuals cannot file complaints about election affidavit discrepancies and that such matters fall exclusively under the jurisdiction of the ECI.