The Karnataka High Court has admitted the Election Commission's writ against the Single Judge High Court order that the Returning Officer becomes Functus Officio once the election is over vide its order dated 15 July, 2009
THE KARNATAKA High Court had passed an order stating that the Returning Officer becomes Functus Officio once the election is over vide its order dated 15 July, 2009 in respect of a writ petition filed by three times former MLA of Channapatna assembly - CP Yogeshwar against The State Election Commissioner and the Returning Officer of Channapatna assembly.
CP Yogeshwar had contested for an assembly seat for Channapatna constituency in the 2004 state elections and he had filed his affidavit of ‘Statement of Assets and Liabilities’ while submitting his nomination papers. Ravindra Beleyur had filed a complaint before the Chief Electoral Officer of the state stating that CP Yogeshwar had filed a false affidavit of assets and liabilities. The Returning Officer was entrusted with the investigation and the Returning Officer had asked for more information/ evidence during the investigation process. So, CP Yogeshwar had filed a writ petition against the Chief Electoral Officer and the Returning Officer - praying for quashing all the notices issued by the Returning Officer and seeking a direction from the High Court to prohibit the Returning Officer from taking any further action in respect of the complaint filed.
The State Election Commission had filed a writ petition against the above order passed by the High Court sincethe Court had ordered that the Returning Officer has no role to play immediately after the date of the election which is contrary to the scheme of law of elections and apparently adverse to public interest. It should be also recalled that
1.The Returning Officer had already filed a case of submission of false evidence against CP Yogeshwar in respect of the complaint above in the Magistrate First Class Court at Channapatna on 17 April, 2008.
2.The Karnataka Lokayukta has filed two similar cases of filing false affidavits of Assets and Liabilities for two years before the Metropolitan court in Bangalore 3.The CID, Karnataka is investigating the fraud committed by Megacity(Bangalore) Developers & Builders Limited (Megacity) founded by CP Yogeshwar 4.The Serious Fraud Investigation Office is investigating the fraud committed by Megacity, CP Yogeshwar and othe directors on more than 8,000 persons from whom more than Rs. 68 crores were taken during 1995-2000.