The Judicial Magistrate First Class, Gokak, has taken cognisance of an offence of violating the election code of conduct by Karnataka Chief Minister B.S. Yediyurappa.
The court has ordered the Commissioner of Police, Bengaluru, to issue summons to the Chief Minister, returnable by Septemer 1. The judge issued the order on June 26. But its copies were circulated to the media by some lawyers in Belagavi on Saturday.
The case refers to a speech by Mr. Yediyurappa during his campaign for the BJP candidate Ramesh Jarkiholi during the Assembly bypolls in November 2019.
Officers of the flying squad of the model code of conduct enforcement cell had registered a case against Mr. Yediyurappa for his speeches made in Gokak during his campaign.
Mr. Yediyurappa had allegedly addressed a group of Veerashaiva-Lingayat community voters and asked them to ensure that the community’s vote goes to the BJP candidate. He “appealed that the Veerashaiva -ingayat community members’ vote shall be consolidated and they shall not disperse here and there….’’.
The squad had sought action against him as per the relevant laws.
The case was taken up by the JMFC court in Gokak in 2019. However, the investigation officer filed a B report saying there was not enough prima facie material evidence to go ahead with filing the criminal case.
The officer quoted the flying squad members who said that they had filed the case under the wrong assumption due to pressure of work.
However,judge Veeresh Kumar C.K., who watched the video tape of the speeches,, found enough documentary evidence to reject the B report.
The court has directed the assistant public prosecutor to register a criminal case under the Representation of the People Act and Indian Penal Code 171F (punishment for undue influence during elections).
Pranesh Bharatanur, deputy director of prosecution, told The Hindu that the assistant public prosecutor and other officers were seized of the matter. “The jurisdictional officers are studying the order and taking steps as per the law. Copies of the order had been sent to all officers and parties concerned,’’ he added.
