Supreme Court Stays Karnataka HC Judgment Nullifying Election Of Congress MLA SN Subbareddy

The Supreme Court on Friday stayed the Karnataka High Court's judgment which set aside the election of Congress MLA SN Subbareddy elected from the Bagepalli constituency in the 2023 legislative assembly polls.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi passed the interim order while issuing notice to the respondent on Subbareddy's petition challenging the High Court's order. Senior Advocates Kapil Sibal and Devadatt Kamat appeared for him.

The bench directed that the petitioner be deemed to be a member of the assembly for all practical purposes. Asking the respondent C Muniraju, the rival candidate from BJP, to file the counter affidavit, the bench posted the appeal for hearing in September 2026.

The High Court had cancelled his election on the ground that full disclosure regarding assets was not made, resulting in a corrupt practice as per Section 123(1) of the Representation of the People Act. However, the High Court did not declare the BJP candidate as the winner.

Opposing Subbareddy's appeal in the Supreme Court, Muniraju's counsel submitted that he had not disclosed his liquor business. The CJI then commented, "When you don't win elections, you dig up such grounds."

The respondent's counsel submitted that he had disclosed his hospitality business but shied away from revealing his liquor business. Justice Bagchi said that what is required is the disclosure of income and not the nature of the business.

"Does the directions in Common Cause, Lok Praharai judgment require the nature of business to be disclosed?Only income needs to be," Justice Bagchi said. "Courts cannot perform the role of a chartered accountant," CJI said. The respondent's counsel said that the nature of the investment has to be disclosed. Justice Bagchi then said that investment was different from business, which is a running entity.

The respondent's counsel claimed that the petitioner had defaulted on payment of property tax since 2018, and he paid the arrears of Rs 1 crore 9 lakhs only after the election petition was filed.

Case : S N SUBBAREDDY ALIAS CHINNAKAYALAPALLI Vs C MUNIRAJU | C.A. No. 2419/2026