MCC Violation: HC stays proceedings against Shivakumar on EC complaint

The Karnataka High Court on Thursday stayed further investigation by the police into the case registered against Deputy CM DK Shivakumar on a complaint from the Election Commission for alleged violation of the model code of conduct.

While campaigning for his brother, sitting MP DK Suresh, who is seeking re-election from Bengaluru Rural, the Congress leader allegedly promised Cauvery water supply to the residents of a housing society in exchange for votes. Shivakumar also holds the Bengaluru affairs portfolio.

Justice Krishna S Dixit stayed the proceedings before a magistrate's court till the next date of hearing and directed the police not to precipitate the matter till then.


The complainant produced a video clipping in support of its allegation that the Dy CM was striking a deal with the society members in return for about 6000 votes.

Senior advocate Uday Holla, appearing for Shivakumar, submitted that a political party as well as its candidate would promise voters of doing certain things if elected, and that cannot be construed inducement to or influencing voters.

The counsel representing the Election Commission, however, argued that the speech attracted the provisions under 171(b) & 171 (C) of the Indian Penal Code and hence was punishable.

Holla informed the Court that a case had been registered against Shivakumar even before his reply to an EC notice reached the Commission’s office. The EC counsel said the organization went ahead and filed the complaint after the lapse of 24 hours for furnishing the reply.

The Judge, while staying the proceedings, however, expressed concern that the language being used during the election campaign had sunk very low.