Supreme Court stays Karnataka High Court order quashing election of Congress MLA Nanje Gowda

The Supreme Court on Tuesday stayed the Karnataka High Court’s recent order which had set aside the 2023 election of Congress leader KY Nanje Gowda as the Member of the Legislative Assembly (MLA) from the Malur constituency [KY Nanje Gowda V. KS Manjunath Gowda].

A Bench of Justices Surya Kant and Joymalya Bagchi held that Nanje Gowda shall continue as the elected MLA, pending further orders.

However, the Court directed the Election Commission of India (ECI) to comply with the High Court’s directions insofar as they pertain to the recounting of votes, and to submit the results of the recount in a sealed cover before the Court.

The Bench further clarified that the recounting results shall not be disclosed without the permission of the Court.

"Issue notice. 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. 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 apex court ordered.

The Court was hearing a plea challenging the September 2025 order of the Karnataka High Court, which had set aside the election of Gowda from the Malur constituency and directed a recount of votes.

The High Court had passed the order on an election petition filed by Bharatiya Janata Party (BJP) candidate KS Manjunath Gowda who had contested the 2023 Karnataka Assembly elections from Malur.

Manjunath Gowda had alleged several irregularities during the election process, including wrongful counting of votes, that election officers obtained signatures of counting agents even before the electronic voting machines (EVMs) were opened, and that unauthorized persons were allowed inside the counting hall.

Taking these allegations into account, the Karnataka High Court had ordered a recount of votes in four weeks, apart from ordering action against an election official for failing to preserve video records of the 2023 election process.

“The Election Petition is allowed in part, directing recounting of votes and then, to declare the results afresh. The election of respondent No.1 (Nanje Gowda) to Malur Assembly Constituency, Kolar District, (Karnataka Assembly Constituency No.149) during the elections held in May 2023 is hereby set aside. The Election Commission of India is directed to ensure recounting of votes and declaration of results afresh of Malur Assembly Constituency, Kolar District (Karnataka Assembly Constituency No.149), within four weeks from the date of receipt of a copy of this judgment,” the High Court had said.

Aggrieved by the order, Nanje Gowda approached the Supreme Court.

Senior Advocate Abhishek Manu Singhvi appeared on behalf of Nanje Gowda

The petition was filed through advocate Usman Ghani Khan.

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