The High Court of Karnataka on Tuesday night stayed the operation of the press note issued by the office of the District Election Officer, through the Assistant Commissioner (Elections) of the Bruhat Bangalore Mahanagara Palike, that had warned hoteliers of action for providing food either free of cost or at discounted rate for those who cast their vote.
However, the court imposed a condition on the hoteliers that their offers should not be sponsored by any political parties. Nor can the hoteliers claim credit for themselves or on behalf of political parties. The court also made it clear that the authorities can take action against the hoteliers in case of any law and order problem due to such offers to voters. The court also gave liberty to the authorities to prosecute the hoteliers if they are found violating the Model Code of Conduct.
Justice T.G. Shivashankare Gowda passed the interim order on a petition filed by Bruhat Bangalore Hotels’ Association and Krishnaraj S.P., proprietor of hotel Nisarga Grand on Nrupathunga Road.
The election authorities, in its press released issued on Tuesday morning, had said that the offers of free food or food at discounted price for casting vote would be considered as “inducement and violation of Model Code of Conduct (MCC).”
Appearing for the petitioners, advocate Satish K. contended that the association is not affiliated to any political party and the offer of complimentary food to people to cast their vote was being made from past several elections.
It was also pointed out to the court that the assistant election officer of Shivajinagar Assembly constituency had on April 15 granted permission to Mr. Krishnaraj to offer selected food items free of cost to voters at his own cost.
Mr. Krishnaraj had approached the Shivajinagar constituency election authorities after the office of the Chief Electoral Officer, from whom the association had sought permission to offer complimentary food to voters, asked the association and its members to approach the election authorities of the BBMP.
Following this, the court said that the authorities, after having permitted hoteliers to make such offers with conditions, could not have issued such a press note. The court, from the MCC, noted that it does not indicate that distribution of prepared food to people who have already cast their vote amounts to violation of the code or providing food to those who cast votes amounts to inducement.
