‘... the Commission is not satisfied that the whole electoral process, now in progress, for the biennial election to the Rajya Sabha by the members of the Karnataka legislative assembly is so vitiated by the...allegations that it should not be permitted to continue.
‘Therefore, the Commission has decided not to defer the poll scheduled to be held on June 11, nor to make any recommendation to the President for rescinding the electoral process for the biennial election under reference,’ the EC order said.
The Commission said it cannot, under the existing law, disqualify a contesting candidate or prevent him from contesting the election, nor can it prevent an elector from casting his vote in an election, if otherwise qualified and eligible, as is being demanded by some of the parties.
The Commission said, ‘Such punishment (of cancelling or postponing of polls) to the state legislative assembly and the people of Karnataka would not be commensurate with the demeaning act of few members of its legislative assembly.’
The order said the demands for deferment of the poll or cancellation of the election process are also being made by drawing an analogy with the rescinding of the process of the biennial polls to the Rajya Sabha from Jharkhand in 2012.
‘The Commission has, however, noted that the facts of that case were entirely different. In that case, the allegations of bribery of voters were corroborated by the seizure of Rs 2.15 crore in cash from the car belonging to one of the contesting candidates on the date of poll itself which was intended to be used for bribing of voters...in the present case, there is no evidence, nor even an allegation, that any money has in fact been paid or received to any elector as bribe for his vote,’ the poll body said explaining its decision.
The EC order said the Commission at the same time ‘cannot ignore to take cognisance of certain illegal activities’ as appeared in media including the TV channels.
It said Janata Dal-Secular MLA Mallikarjun Khuba, being a public servant, ‘may also be deemed to have committed an offence under the relevant provisions of the Prevention of Corruption Act, 1988, for seeking bribe for performing his constitutional function as such public servant of electing a member of the Rajya Sabha...therefore, the Commission holds that an FIR (first information report) be lodged against Khuba and others and the whole matter be entrusted to the CBI (Central Bureau of Investigation) for such deeper probe so that all those who may be involved in such nefarious activities are exposed and duly punished under the law’.
It said it would ask the Department of Personnel and Training to instruct the CBI to take up the matter for proper investigation.
The seven-page order came hours after Chief Election Commissioner Nasim Zaidi and Election Commissioner A K Joti met in New Delhi for three hours to decide on the elections to be held on June 11.
While the JD-S had been demanding cancelling the polls, the Congress and the Bharatiya Janata Party were opposed to change in the poll schedule.
The sting by two channels on June 2 had purportedly showed MLAs negotiating a money deal in exchange for their votes in the biennial elections to four Rajya Sabha seats from the state.
Five candidates are in the fray for the elections to the four seats due to be held on June 11.
The decision was based on the factual report sent to Nirvachan Sadan by Karataka Chief Electoral Officer A K Jha.