The Karnataka High Court has ruled that the results of the Karnataka State Bar Council (KSBC) election will be contingent upon the resolution of petitions alleging irregularities in the electoral process. This decision was delivered on Wednesday in the case of Sandya U Prabhu v The Returning Officer.
Justice Suraj Govindaraj addressed the court, highlighting that a total of sixteen complaints had been registered, pointing to potential irregularities in the election. Due to the gravity of these allegations and the volume of complaints received, the court noted the potential necessity for interim measures to preserve the integrity of the election.
Drawing parallels to the recent Delhi Bar Council elections, where vote counting was suspended pending the resolution of similar petitions, the court emphasized the importance of addressing these grievances. However, Justice Govindaraj stopped short of halting the KSBC vote count immediately.
“In the interest of fairness, this court finds it prudent to provide an additional opportunity for the Returning Officer and relevant authorities to detail the actions taken in response to the complaints,” stated the court. It ordered these authorities to disclose whether the complaints had been forwarded to the Central Election Tribunal/Committee, the dates of such forwarding, and any actions taken by the tribunal.
The Returning Officer, responsible for overseeing the elections, and the Bar Council of India (BCI) were instructed to submit a formal response outlining their positions. The BCI must also clarify the rules governing the resolution of election-related complaints and disputes.
The court explained that such information would assist in determining whether the statutory regulations were followed and if further directives are necessary. Importantly, the court noted that should the counting be completed, the election results would remain subject to the outcome of the pending petitions.
Justice Suraj Govindaraj is scheduled to continue hearing the case today. This case arises from the KSBC elections held earlier this year, subsequently followed by writ petitions alleging election malpractice and vote rigging.
One petitioner has requested the court to demand the production of CCTV footage from the polling and vote counting areas. Additionally, the petitioner seeks soft copies of ballots marked with varied ink, suggesting possible vote tampering. They have also asked the court to delay the declaration of election results until all issues related to the alleged malpractices are resolved.
During an interim order on June 10, Wednesday, the court referenced Rule 7 from a 2023 BCI notification, which establishes a comprehensive mechanism for resolving Bar election disputes at the earliest stage.
“Failure to address these issues promptly may lead to severe complications during or after the counting process, affecting not only the accused candidate but potentially the entire electoral outcome,” the court warned.
The court observed that while the KSBC elections concluded in April 2026, the results have not yet been announced. It also noted that cancelling a candidate’s eligibility during the counting phase could consume significant time and resources, potentially altering the standings of other candidates.
Recognizing the complex implications of a decision under Rule 7 during counting, the court has requested the Returning Officer to clarify the steps taken regarding the sixteen complaints of electoral irregularities. Specifically, the court inquired whether these complaints were handled in accordance with Rule 7, which requires their forwarding to the Central Election Tribunal/Committee.
