New Delhi: Setting aside the Karnataka high court’s decision of annulling the election of Congress leader K.Y. Nanjegowda election as MLA from the Malur constituency in 2023, the Supreme Court on Thursday (February 5) upheld is election and noted that even after a recount of votes, Nanjengowda still 250 secure more votes than his opponent K.S. Manjunath Gowda from the Bharatiya Janata Party (BJP), reported LiveLaw.

Earlier, after Nanjegowda won the 2023 assembly election by a margin of 248 votes against BJP’s Manjunath Gowda, the latter had filed a petition in the high court seeking recount of the votes, alleging irregularities.

Subsequently, the high court had set aside the election, ordered a recount of the votes and a fresh declaration of results. Thereafter, Nanjegowda had challenged the high court's verdict.

The apex court had admitted Nanjegowda’s appeal in October last year and had directed the Returning Officer to submit the result after recounting in a sealed cover.

On Thursday, the Supreme Court bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi reopened the sealed cover in the presence of the parties and noted that even after the recount, Nanjegowda is the winner, after having secured 50,957 votes against Manjunath Gowda who received 50, 707 votes.

"That being so, the election of the candidate from Malur remains unaffected even after compliance of direction of recounting of votes issued by the HC. Consequently, we allow this appeal, to the extent that the impugned decision of setting aside the election of appellant is set aside and the election of the appellant from Malur is upheld," said the court, reported LiveLaw.

Senior advocate Abhishek Manu Singhvi appeared for the appellant in the top court.

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