SC stays Karnataka HC judgement on Nagappa's election

New Delhi Sep 11 (UNI) The Supreme Court today stayed till further orders the judgement of the Karnataka High Court, setting aside the election of Congress MLA from the Harihar assembly constituency.

A Bench, comprising Justice B N Aggrawal and Justice P P Naolekar, issued notices to JD(S) candidates Prasanna Kumar and others, who had challenged the election of Dr S Nagappa, declared elected from the constituency on April 20, 2004.

Prasanna Kumar in his election petition filed in the High Court had challenged the election of Nagappa on the grounds of corrupt practices and irregularities.

A single-judge bench of the High Court in its judgement dated September 5, 2007, while rejecting the allegations of corrupt practices, declared the election of Nagappa as void. The court also ordered a recount of all votes, including postal ones.

The petitioner had, however, challenged the High Court order on the grounds that when the election had been set aside there was no meaning of odering the recount.

The petitioner has also contended that the High Court announced the judgement eight months after hearing the arguments and has passed on an application seeking a stay of the operation of the judgement by six weeks.

UNI