The Karnataka High Court has extended its interim stay on the investigation against two people accused in a case involving applications to delete names from the electoral roll, while directing election officials to preserve electronic records linked to the applications.
A single-judge bench headed by Justice Anant Ramanath Hegde was hearing writ petitions filed by Guttahalli residents G.S. Vasanthalakshmi and R. Deepak Singh. The petitioners have sought the quashing of the FIR registered against them over allegations that they submitted Form 7 applications containing incorrect information during the Special Intensive Revision (SIR) of electoral rolls.
During the hearing, Karnataka Advocate General K. Shashikiran Shetty, appearing for the state government, alleged that nearly 99% of the Form 7 applications were directed at voters from minority communities. He argued that Booth-Level Agents and Booth-Level Officers had visited the concerned homes during the SIR process and found the voters residing there, but applications were subsequently filed with the intention of removing their names from the electoral roll.
The Advocate General told the court that the investigation was also necessary to prevent the destruction of electronic records. He said reports from the Election Commission and the police would be placed before the court for examination. The state government further alleged that a political party had acted in coordination with the Election Commission and requested permission for the investigation to continue so that the circumstances and purpose behind the applications could be established.
According to the report, the state offered assurances that the petitioners would not be arrested and that a chargesheet would not be filed before a trial court without the High Court’s permission if the investigation was allowed to proceed. These submissions were made by the government and remain part of the arguments before the court.
Counsel for the petitioners, M. Arun Shyam, argued that election officials could take action if the information in a Form 7 application was found to be incorrect. He said people whose names were removed from the electoral roll had a right to appeal, including through a two-stage appeal process, and that a police complaint was therefore unnecessary at this stage.
After hearing both sides, the court extended the interim order restraining the investigation against the petitioners. It directed electoral registration officers to preserve the electronic records relating to the Form 7 applications submitted by the petitioners. The records may be transferred to investigating officers if the need arises.
The court reserved its order in the petitions. The next legal determination will establish whether the investigation can proceed and how the preserved electoral records should be examined. The report does not state that the court has accepted either side’s allegations or reached a final conclusion on the deletion claims.
