The Aryavarth Express
Agency (Bengaluru): The Karnataka High Court has issued a stay on further investigation into a case against Deputy Chief Minister DK Shivakumar, accused of violating the Model Code of Conduct during a campaign speech. The case revolves around allegations that Shivakumar promised to provide water from the controversial Cauvery river to a housing society in rural Bengaluru, where his brother, D K Suresh, is campaigning for re-election.
Justice Krishna S Dixit presided over the matter, granting Shivakumar a temporary reprieve from legal proceedings until the next hearing. The court requested that both the local magistrate and the police refrain from advancing the case during this period. This decision came after reviewing a video in which Shivakumar allegedly attempts to secure over six thousand votes through promises tied to utility services.
Representing Shivakumar, Senior Advocate Uday Holla argued that the promises made during the campaign were typical political statements about intended policies and should not be considered as undue influence or inducement as defined under sections 171(B) and (C) of the Indian Penal Code. The Election Commission, however, contended that the statements met the criteria for punishable acts under sections 171(E) and (F) of the Code, arguing that they constituted a clear case of soliciting votes in exchange for favors.
The Court noted that Shivakumar had been served with a notice by the Election Commission on April 17, which he responded to promptly, but a complaint was lodged before his explanation was considered. The timing of the notice and the subsequent complaint was scrutinized, leading the judge to call for a more thorough examination of the legal boundaries of electoral conduct.
Justice Dixit also lamented the overall decline in the quality of political discourse, noting that the language used in election campaigns has deteriorated significantly. He advised caution in the use of language during the election process, reflecting on the need for political figures to maintain decorum.
This legal pause allows for a deeper review of the allegations against Shivakumar, ensuring that any actions taken are firmly within the legal framework designed to uphold transparency and fairness in elections. The case highlights the complex interplay between political advocacy and legal standards governing electoral conduct.
