Byelection expenditure: K'taka HC dismisses PIL

Bangalore, Nov 9 (UNI) The Karnataka High Court today rejected a public interest litigation, seeking for a direction to the State Election Commissioner and the State Government to collect the amount required to conduct byelection from the person at whose instance the bypoll was caused.

Chief Justice Cyriac Joseph and Mr Justice H G Ramesh dismissed the PIL filed by one S Prakash, a voter from Malleswaram constituency here, with an interim prayer to direct the authorities to collect the expenditure from former Deputy Chief Minister and Congress leader Siddaramaiah for the December four byelection to the Chamundeshwari constituency, necessitated by his resigning the seat prior to joining the Congress.

The court observed that the relief could not be granted unless the law was amended and this court could not under Article 226 of the Constitution grant the relief. It was further observed that the petitioner, instead of taking the easy course of filing petition in the High Court, could mobilise public opinion to force the executive and legislature to take necessary steps in the matter.

The petitioner submitted that former Chief Minister S Bangarappa was elected from Shimoga constituency in 2004 on a Janata Party ticket, but he resigned the seat within a year. The government had to incur a heavy expenditure to conduct the bypoll. Similarly, Mr Siddaramaiah had forced a bypoll now, causing loss to the public exchequer.

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