The Supreme Court has stayed the Karnataka High Court’s order that set aside Congress leader K.Y. Nanje Gowda’s 2023 Malur MLA election. Meanwhile, the Election Commission will conduct a sealed recount of votes as directed.
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NEW DELHI: The Supreme Court of India on Tuesday stayed the Karnataka High Court’s September 2025 order that had set aside the 2023 election of Congress leader K.Y. Nanje Gowda as the Member of Legislative Assembly (MLA) from Malur constituency in Kolar district.
The matter came up before a Bench of Justices Surya Kant and Joymalya Bagchi, which heard the plea filed by Nanje Gowda challenging the High Court verdict. Senior Advocate Abhishek Manu Singhvi appeared on behalf of Nanje Gowda, while Senior Advocate Mahesh Jethmalani represented the opposing side.
Appeal Before the Supreme Court
Aggrieved by the decision, Nanje Gowda moved the Supreme Court, represented by Senior Advocate Abhishek Manu Singhvi.
Arguing before the bench, Singhvi submitted:
“My Lords, the learned High Court judge framed seven issues but did not decide any of them.”
He contended that the High Court had overstepped its jurisdiction by nullifying the election without properly adjudicating on the issues raised in the petition.
Responding to this, Senior Advocate Mahesh Jethmalani, appearing for the BJP candidate, argued:
“That was only for the purpose of framing issues because the entire election is void; the result itself is void.”
After hearing both sides, the Supreme Court bench chose to issue notice and grant interim relief to Nanje Gowda.
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Supreme Court’s Order
The bench observed that the High Court’s decision required a closer judicial examination. It then passed the following interim order:
“Meanwhile, the operation of the impugned order of the High Court, to the extent it set aside the election of the appellant, shall remain stayed. Resultantly, the appellant shall continue as the elected Member of the Legislative Assembly.”
At the same time, the Court directed the Election Commission of India (ECI) to proceed with the recount ordered by the High Court — but under strict confidentiality.
“However, the Election Commission of India is directed to comply with the directions to the extent of recounting of votes and submit the result in a sealed cover before this Court. The recounting results shall not be disclosed without the permission of this Court,” the order stated.
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Background of the Case
In the 2023 Karnataka Assembly elections, K.S. Manjunath Gowda, the BJP candidate, lost to K.Y. Nanje Gowda by a narrow margin of 248 votes. Alleging irregularities in the counting process, the BJP candidate filed an election petition before the Karnataka High Court, seeking:
- A declaration that Nanje Gowda’s election was void, and
- A recount of votes in the Malur constituency.
The High Court, taking note of alleged procedural lapses, including the absence of video records, improper acceptance and rejection of votes, and unauthorized persons being allowed inside the counting hall, set aside Nanje Gowda’s election and directed the Election Commission of India (ECI) to conduct a recount within four weeks.
Case Title:
K.Y.NANJE GOWDA V K.S MANJUNATH GOWDA AND ORS.
C.A. No. 12371/2025
