MCC Violation: HC Grants Interim Relief to K’taka Deputy CM DK Shivakumar

The Karnataka High Court has granted interim relief to Deputy Chief Minister Doddalahalli Kempegowda Shivakumar, who is facing charges of model code violation during the Lok Sabha election campaign.

The Bench

A single bench of Justice Krishna S Dixit has directed the relevant authorities to refrain from taking any further action against him until the next hearing, following his petition challenging the FIR filed against him.

Who Filed the Complaint?

The case was filed on April 19 after a complaint by the BJP to the Election Commission of India (ECI), alleging that Shivakumar, also the Congress state president, attempted to coerce voters.

The BJP contended that during an election speech at Rajarajeshwari Nagar while campaigning for his brother and LS candidate D K Suresh, Shivakumar promised voters Cauvery water supply and occupancy certificates in exchange for votes for the Congress.

What did the Court Said?

Expressing reservations, the Court questioned whether the remarks attributed to Shivakumar would constitute offences under Sections 171B (bribery) and 171C (undue influence at elections) of the Indian Penal Code (IPC).

The judge stressed the need for further examination of the matter and sought clarification on whether Shivakumar’s statements strictly adhere to the parameters of the charged sections. However, the Court advised Shivakumar’s counsel to caution his client regarding his speeches.

Moreover, it raised concerns about the time given to Shivakumar by the EC to respond to a notice served on him.

Granting interim relief to Shivakumar, the Court expressed disappointment over the deteriorating standards of election speeches, noting that the quality, content, and presentation have significantly declined.

The Judge remarked that it was uncertain if such standards could further deteriorate. The Court recorded an assurance from Shivakumar’s counsel that the Congress leader had been advised to exercise caution in his remarks.

Read More: Supreme Court, Delhi High Court, States High Court, Other Courts, International