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In a writ petition brought before a special bench of the Karnataka High Court, the Bruhat Bengaluru Hotels Association and the proprietor of the Nisarga Grand Hotel Wednesday obtained a stay on a Bruhat Bengaluru Mahanagara Palike (BBMP) order against them for providing free or discounted food to those who have already voted in the Karnataka Assembly elections.The bench consisted of Justice TG Shivashankare Gowda.
The petitioners argued they had initially obtained permission for the conditional distribution of food at free and concessional rates on May 7. A subsequent order had then come on May 9 from the BBMP Assistant Election Commissioner that it should not be distributed as it would amount to a violation of the Model Code of Conduct.
Their counsel further argued they had no political affiliations or interest in any candidate, and that the purpose was only to encourage voter turnout. They added they were ready to abide by any conditions, and argued that the Model Code of Conduct was for people, including candidates, who were involved in the election.
The BBMP counsel argued it was a mere marketing strategy taking advantage of the election, and that it violated the Model Code of Conduct. They added that permission had only been granted to one hotel and was subsequently revoked.
The bench noted that the idea of voter inducement was without substance as there was no compulsion, and only those who had already voted would go afterwards. It was also noted that the code of conduct did not forbid the distribution of food to those who had already cast their vote, nor would it amount to inducement. The BBMP order was, therefore, stayed.
The bench also noted BBMP would be free to take action in case law and order violations occurred, and said that hoteliers could not proclaim any credit on behalf of political parties or receive contributions, and if the same was claimed by them via the media, they would be liable for violations of the code of conduct.
Voting is underway in 224 constituencies for the Karnataka Assembly elections.
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