No stay on ECI proceedings

BANGALORE: The Karnataka High Court on Tuesday, refused to stay the proceedings of the Election Commission of India (ECI) on the show-cause notice issued to Reddy brothers, under the provisions of the Representation of the People Act, 1951.

While hearing the arguments of Mukul Rohatgi - senior counsel appearing for Janardhan Reddy and Sriramulu - Justice Mohanshanthan Gowder said that the court would dispose the matter at the earliest.

The petitioner’s counsel requested the court to direct the EC not to proceed with the matter and also directed the ECI not to send its report to the Governor.

Mukul Rohatgi argued that Janardhan Reddy and Sriramulu did not hold office of profit and that they had no contracts with the state government.

“The Governor’s reference to the ECI, under Article 191 and 192 of the Constitution does not arise in this case, as the petitioner’s held mining lease at Obulapuram in Andhra Pradesh and so the office of profit does not attract the state of Karnataka. Besides this, both the petitioners did not hold directorship in the company,” argued Rohatgi.

He also stated that before forwarding the complaint filed by KC Kondaiah to the ECI, Governor had failed to specifically mention the allegations against the petitioners and so, they were unable to effectively answer the ECI. However, the court has adjourned the hearing to Thursday, to hear the ECI and state government’s argument.

Earlier, the Reddy brothers sought the quashing of the show-cause notice issued by the ECI on June 23, 2010 and the Governor’s letter to the ECI on June 3, 2010, under Section 9 A of the Representation of People Act.

The Governor sent a reference to the ECI asking its opinion on the matter, based on the complaint filed by K C Kondaiah on January 13, 2010, against Reddy brothers for holding office of profit.

Based on this letter, the ECI issued notice to the Reddy brothers asking them to reply to the notice on or before July 15 and asked to them file written documents on the same and they in turn submitted a voluminous reply before the ECI on July 26.