BENGALURU: The Karnataka High Court quashed proceedings initiated against MLAs Manjula Limbavali and Dr Shailendra Beldale, based on private complaints registered against them, on charges of concealing property details and giving a wrong address of the residence, respectively, in the affidavit filed along with nomination papers.
“I deem it appropriate to hold that it was only the Election Commission that had the right to register a complaint concerning the offence under Section 125A of the Representation of the People Act.
A right given to the voter is only to file an election petition, and not to register a private complaint of crime, which is the duty of the EC if it wants to do so,” said Justice M Nagaprasanna, while allowing separate petitions filed by them.
Manjula, BJP MLA of Mahadevapura constituency, moved high court, questioning the proceedings pending before a magistrate designated for trial of cases against sitting as well as former MPs/MLAs under Section 125A of the Representation of the People Act, 1951, based on a complaint by Nagesh T in Bengaluru, alleging that she concealed a property owned by a firm in which she was a partner and left blank the ‘dependents’ column in the nomination papers.
Dr Beldale, BJP MLA of Bidar South constituency, also filed a similar petition, questioning proceedings pending before a magistrate.