Challenge Against Order Of Statutory Tribunal To Be Treated U/Article 227 Of Constitution; Intra Court Appeal Not Maintainable: Karnataka HC

The Karnataka High Court emphasised that challenge against an order of a statutory tribunal are to be treated under Article 227 of the Constitution, and not Article 226.

Counsel SV Prakash appeared for the appellant, while Counsel Kamalakara SM and AGA Niloufer Akbar appeared for the respondents.

In this case, the appeal challenged a Single Judge's order which had upheld the annulment of the appellant's election. The appellant's counsel argued that the Election Tribunal's decision should not have been allowed, emphasizing the appellant's disclosure of 'criminal antecedents' in the Affidavit/Nomination Papers. The counsel had contended that the Single Judge overlooked this crucial aspect, leading to the dismissal of the writ petition. 

The Division Bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit refused to indulge in the matter on the grounds of maintainability, by observing that, "the challenge to the order of the Election Tribunal was by invoking Article 227 of the Constitution of India, which vests a limited supervisory jurisdiction in the High Court, the other provision namely Article 226 having been ornamentally mentioned in the pleadings of the appellant herein who was the writ petitioner. Admittedly, the order annulling the election of the appellant was made by the statutory Tribunal that has been constituted, may be ex officio under the provisions of the Karnataka Panchayat Raj Act, 1993. Such challenges are essentially treated under Article 227 and not Article 226. If that be so, an intra court appeal does not lie."

Even on merits of the case, it was observed that the Apex Court had given a catena of decisions, wherein it had been held that the disclosure of crimical antecedents is a matter of right of the electors who can form an informed decision about the candidates in the electoral fray and that non-disclosure therefore is a ground for setting aside the election of Returned Candidates. The Court upheld the finding that the appellant had criminal antecedents and the same have not been disclosed in the affidavit accompanying the nomination papers. 

The Court emphasised on the purity in politics and the election process, and directed that the State Election Commission and other Agencies associated with it the election process should implement the directions of the Apex Court by issuing or incorporating requisite forms in the matter of elections to all Local Bodies in the State. 

In light of the same, the appeal was dismissed, and the costs were reluctantly made easy.

Cause Title: HV Ashok vs HN Gopal & Ors.

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