The Karnataka High Court dismissed a case against BJP MLA Shashikala Jolle related to alleged vote-buying. The court’s decision highlights ongoing legal scrutiny in political circles. This ruling highlights the complexities and challenges in addressing electoral misconduct. It also emphasizes the importance of maintaining transparency and integrity in democratic processes.
Bengaluru: The High Court of Karnataka dismissed the case against former minister Shashikala Jolle in an election offense matter that occurred during the 2023 assembly elections. The Nippani police in Belagavi district charged Shashikala Jolle and Yuvaraj Appasab Donawade.
According to the prosecution, on the night of May 10, 2023, the Special Investigation Team (SIT) found Yuvaraj in possession of Rs 10,000 in cash, voters’ list, handbills featuring the lotus symbol, and containing the candidate’s photos.
Read Also:‘Election Manifesto Promises Not Considered Corrupt Practice’: Karnataka HC
The allegation, that Yuvaraj campaigning for BJP candidate Shashikala Jolle by enticing voters with cash at around 12:35 am.
The case initiated before the Judicial Magistrate First Class (JMFC), Nipani, for offenses under sections 120(1) and 133 of the Representation of People (RP) Act, 1951, as well as Section 171(E) of the Indian Penal Code (bribery).
Justice Krishna S. Dixit observed that for an act to be considered ‘bribery,’ it must involve one person providing or at least proposing to provide some form of gratification as a reward for exercising or having exercised their electoral rights by another individual.
The court stated,
“Furthermore, the respondents have not claimed that the alleged action was undertaken by the individual in question for or on behalf of the petitioner. In essence, the complaint indicates that a specific individual was in possession of the money, which was seized under suspicion of being used for electoral violations. Even assuming the allegations are true, this does not constitute bribery under section 171(E) of the IPC, as correctly argued by the petitioner’s counsel.”
Read Also: Karnataka HC Cautioned Law Book Publishers on Statute Printing
The court remarked,
“Regarding the offense under section 133 of the RP Act, it is essential to use the vehicle or vessel as outlined in the provision for this section to be applicable. There is no indication in the allegations against the individual in question, especially the petitioner, that such circumstances exist. Without meeting the requirements specified in section 123(5), one would be far from falling within the purview of section 133 of the 1951 Act.”
The High Court’s decision brought relief to BJP’s Nippani MLA and former minister Shashikala Jolle, as it has dismissed proceedings against her in an election offense case.
She accused of bribing voters during last year’s assembly polls.