The Karnataka State Cricket Association (KSCA) elections recently became the subject of litigation before the Karnataka High Court when KN Shanth Kumar challenged the rejection of his nomination for the post of President. The nomination had been rejected by the electoral officer on the ground that his club — which he represented — had arrears of Rs 200 outstanding. The electoral officer’s order thus disqualified him from contesting. The High Court, however, reviewed the circumstances and found the rejection unjustified. It noted that the dues had been paid on the morning of the day fixed for scrutiny, and the electoral officer had been informed about the payment before scrutiny began. On that ground, the Court held that the petition filed by Shanth Kumar must succeed. Accordingly, the High Court quashed the electoral officer’s order. The Court issued a writ of mandamus directing the electoral officer to declare Shanth Kumar a valid candidate for the Presidency of the KSCA. The Court ordered that the elections proceed as per the pre-fixed electoral calendar.
In its judgment, the Court acknowledged that the rejection of a nomination on technical grounds could impact the fairness of the electoral process, especially where the alleged default had been remedied before scrutiny. The plea of Shanth Kumar was accepted notwithstanding arguments — including those raised by the rival candidate — that the election process should not be stalled. The Court observed that because the arrears were cleared before scrutiny and the electoral officer was informed accordingly, there was no justification for disqualification.
This decision comes amidst a broader backdrop of the KSCA’s electoral process having already been regulated by the Court. Earlier, the High Court had directed the elections to be held by December 7 after setting aside a letter that had postponed the polls. The Court’s current order thus ensures that the electoral process — including Shanth Kumar’s candidacy — proceeds under its supervision.
Thus, the High Court’s intervention underscores that electoral officers must ensure procedural fairness and that technical defaults which are rectified before scrutiny should not serve as a ground for disqualification. The Court’s order paves the way for Shanth Kumar’s participation in the KSCA President election.
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