Karnataka High Court stays FIR against BJP MLA DN Jeevaraj in voter ballot tampering case

The Karnataka High Court on Tuesday stayed proceedings against BJP MLA DN Jeevaraj in the voter ballot tampering case registered against him. [DN Jeevaraja v. State of Karnataka & Ors]

Justice V Srishananda noted that the first information report (FIR) was lodged after a recount and revision of the election result.

"Raje Gowda lost, State filed an FIR. This is a motivated FIR. Government has other work to do, not to do this. The case happened in 13.5.2023, now State has registered case. If there has been deviations, election petition is the answer."

Special Public Prosecutor BA Belliappa, appearing for the State, contended that a protest was conducted before the FIR was filed.

The Court then asked the investigating officer why the Returning Officer Gaurav Shetty was not made an accused.

"Sitting returning officer Gaurav Shetty should be accused. Make him a party. If you make him accused, I will right away direct to register case against him. You are not making him accused...Illegal activity done by someone, but some other had been made accused. Where is investigating officer? Can’t you see? On who’s complaint you registered the crime? Shall I write order to suspend you?"

The Court further went on to say,

"Stop the counting then and there and make a videograph. If this were to be the situation, if I were to be in the Gaurav Shetty's place what I would do is look there is no seal on these things. So, I'll make a videograph of what is there. Take that videograph, come to the Court which passed the election petition order, take further directions."

Belliappa argued that tampering of the votes had occured, to which the Court replied,

"Who said? You only might have done it."

The Court further commented that the FIR is a politically influenced one.

"Police should not act on political pressure. This is visible - case has been registered for political pressure. If the same case was registered against Rajegowda, I would have stayed. This is nothing but an abuse of process. They took their own time. They come on TV, they are celebrating, not making any official declaration. Delayed that also. What is going on? Under the Court's direction, when counting is on necessary precautions are needed. What is this process of making deputy commissioner, agent and all as an accused party? If this is the situation, no officer will work properly...What the apex court observed in respect of West Bengal will be applicable directly. The Supreme Court appointed judges there; they will come here also. We have to appoint judicial officers as returning officers, this will go there. This is not good development."

The case is scheduled to be heard next on May 7.

The matter concerns the 2023 Karnataka Assembly elections, in which Congress leader TD Rajegowda had been declared the winner from the Sringeri constituency by a narrow margin of 201 votes.

After the result was challenged by Jeevaraj through an election petition filed before the Karnataka High Court,a recount of postal ballot votes, including a re-verification of 279 rejected postal ballots was ordered on April 6, 2026.

On May 3, 2026, the Returning Officer formally declared a revised result, in which Rajegowda's votes were reportedly reduced by 255. Jeevaraj was declared the winning candidate.

Hours later, a criminal case was registered against Jeevaraj, Deputy Commissioner KN Ramesh, former Returning Officer Vedamurthy and others, on allegations that they tampered with the ballot papers. The FIR was registered on a complaint by Congress election agent Sudhir Kumar Murolli. The complaint also refers to allegations of irregularities in the original counting process from May 13, 2023.

Senior Advocate Ashok Haranahalli appeared for the MLA DN Jeevaraj.

Advocate H Pavitra appeared for Murolli.