In a recent development, the Supreme Court has declined to entertain a public interest litigation (PIL) petition related to alleged election misconduct during the 2023 Karnataka assembly elections. The petition accused Congress party leaders and their agents of distributing plastic gift cards to voters across several constituencies.

The petition was filed by two unsuccessful candidates who had contested on a Bharatiya Janata Party (BJP) ticket in the same election. The bench, consisting of Chief Justice DY Chandrachud and JB Pardiwala, dismissed the petition. However, they granted permission to the local politicians, Gautham Gowda M and Prasad KR, to approach the high court with the same concerns.

During the hearing, Justice Chandrachud questioned the petitioners' counsel, stating that investigating allegations of money distribution during elections was not within the purview of the Supreme Court. He emphasized that there are already sufficient laws and guidelines in place to address such issues and suggested that the high courts have the necessary powers to deal with matters within their jurisdictions.

The bench ultimately declared, "We are not inclined to entertain the petition under Article 32 of the Constitution. The petition is dismissed. However, the petitioners would be at liberty to pursue appropriate remedies available."

The petition by the two candidates alleged election violations and corrupt practices in 42 constituencies, including those they had contested in, during the Karnataka assembly elections held in May of the same year. The allegations centered around the purported actions of leaders from the Indian National Congress (INC) party and their agents, who were accused of distributing plastic gift cards with false promises that voters could redeem them for a certain amount if the Congress candidate won. The petitioners claimed that the barcodes on these cards turned out to be fake, rendering them worthless.

The petitioners further contended that despite multiple complaints filed with the election commission, no action had been taken. They urged the apex court to direct the election commission to establish additional guidelines alongside the existing model code of conduct. They also called for the implementation of corrective measures to prevent corrupt practices and ensure that the "Karnataka model" would not be replicated in other states. Additionally, they sought guidelines for the Election Commission to collaborate with other authorities in applying relevant provisions of the Indian Penal Code, the Representation of People Act, and the Constitution to penalize those involved in corrupt practices.

Advocate Lakshmy Iyengar represented the petitioners, with assistance from Advocate-on-Record Divya Swami.

The case details are as follows: Gautham Gowda M & Anr. v. Union of India & Anr. | Writ Petition (Civil) No. 882 of 2023.