Mr. Ravi Shankar had a Below Poverty Line (BPL) card.
Tumakuru, Karnataka:
A magisterial court here declared invalid the election of a JD(S) councilor to a local body for not refuting the petitioner’s claims of possessing 500 kg of jewelery despite having a BPL card.
Sera’s First Class Senior Civil Judge and Judicial Magistrate Geetanjali Ji found Ward-9 Councilor of Sera Municipal Council K Ravi Shankar guilty of suppressing facts in his election affidavit.
The defeated Congress candidate M Krishnappa had filed an election petition in the court after the election to the Municipal Council in Sira on December 30, 2021.
It was alleged that Mr. Ravi Shankar had concealed the fact in his election affidavit that he had been convicted in criminal cases. He also revealed that he has 500 kg of gold and has received Rs 3.6 lakh in rent. However, he had a Below Poverty Line (BPL) card.
In his presentation in the court, Mr. Ravi Shankar said that he had forgotten about the old criminal cases. He claimed that he had 499.5 kg of silver and only 500 grams of gold. But he had mentioned them together in the affidavit. However, he did not enter the witness box to give his statement.
“This Court is of the view that there is overwhelming evidence to demonstrate that the suppression of information by the petitioner violates the fundamental right of the electorate guaranteed under the Constitution and the right to know which in the above judgment in addition to freedom of speech and expression,” the court in its August 26 judgment said, partly allowing the petition filed under the Karnataka Municipalities Act, 1964.
“From perusal of the oral as well as documentary evidence placed before this Court, it is of the opinion that respondent No. 1 has suppressed material facts and has given a false affidavit which amounts to undue influence and corrupt practice held by the Hon’ble Supreme Court. The Court in several judgments and respondent No. 1 has not stepped into the witness box to contradict the evidence in favor of the petitioner except to file his objection,” the court said in its judgment.
Pointing to this, the court said, “He also admitted that he had jewelery worth 500 kg, though in his written statement he argued that he had only 499.5 kg of silver valued at Rs 37,46,250 and Rs 7,53,750.” 500 grams of gold has been found. It was contrary to the income certificate and BPL card he had.
Describing his election as invalid, the court observed that the admission made by Mr. Ravi Shankar in the absence of rebuttal evidence leads to an adverse inference against the respondent, who does not step into the witness box despite serious allegations supported by the documentary . evidence.
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