2026-08-17__STATE_OF_KARNATAKA_VS_PRATHIK_PARASRAMPURIA__SLP-Crl_3549-2016__Diary_36029-2015
2026 INSC 868
Page 1 of 46
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. ______________ OF 2026
(Arising out of SLP (Crl.) No. 3549 of 2016)
THE STATE OF KARNATAKA & ANR. … APPELLANT(S)
VERSUS
PRATHIK PARASRAMPURIA … RESPONDENT(S)
J U D G M E N T
SANJAY KAROL, J.
This judgment is divided into the following parts:
INDEX
INTRODUCTION ................................ ................................ ................................ ... 2
DEMOCRACY, RULE OF LAW & ELECTIONS ................................ ................... 6
SCOPE AND ROLE OF ELECTION COMMISSION ................................ ........... 12
BLACK MONEY: A RECOGNIZED ISSUE ................................ ......................... 17
AMICUS’ SUGGESTIONS AND OUR ANALYSIS ................................ .............. 31
DIRECTIONS AND SUGGESTIONS ................................ ................................ .. 44
Page 2 of 46
“The right to vote freely for the candidate of one’s choice is
of the essence of a democratic society, and any restrictions
on that right strike at the heart of representative
government.”
Warren, CJ in Reynolds v. Sims1
Leave Granted.
INTRODUCTION
1. Voting in elections happens generally once every five years.
This one day is the culmination of a long process that begins with
the announcement of the dates by the competent authority,
publication of manifestos by the competing political parties,
advocating for their positions and against the positions of the
others in rallies, press conferences, television advertisements, and
so much more. For the most part, the citizen is only at the receiving
end of this information and campaign across various forms. Their
voice is heard only on election day when the result of the votes cast
by them is counted and notified. It is their one vote for every person
that demonstrates the support expressed for a particular set of
policies put forward. If it is that this one chance at expression is
itself tainted, it would not be an understatement to say that the
1 377 U.S. 533, 1964
Page 3 of 46
very essence of democracy, which is a rule of the people, by the
people and for the people, is compromised. To put it simply , the
choice exercised by the people once influenced by external factors
is no longer a choice of their own. It is somebody else’s choice being
thrust upon them.
2. These external factors can take many shapes and forms.
Almost all of these forms , much like anything else in this world
except for probably peace and contentment , require money. The
law on its own does not permit any external factors to be thrust
upon an individual’s choice. Obviously then, methods that fly
under the radar in exerting influence have to be adopted. Ill-gotten,
undeclared money is one of the primary forms used. It is this which
is called ‘black money’.
PREVIOUS ORDERS
3. By order dated 5th September, 2017, this Court observed that
in certain constituencies including the one in which the
Respondent was a candidate, some untoward means and methods
were used. As such, notice was issued to the Election Commission
of India2. The order is extracted as under:
2 EC
Page 4 of 46
“Issue notice returnable within eight weeks to the Election
Commission of India and Union of India.
During the 2014 Lok Sabha bye -elections for Bellary
constituency, the respondent’s residence and business
complex were raided by the flying squad established by
Election Commission of India for controlling the
distribution of cash, gifts, liquor, free food etc in order to
maintain the integrity of the election. The raid was on the
basis of an anonymous message alleging that the
respondent had horded a large amount of counterfeit
currency which was to be used for bribing the voters. One
laptop, cheque books and loose cheque-leaves, a pen drive
and Rs. 20,48,355/- in cash were seized during the raid.
An FIR was registered, being Crime No: 0107 of 2014, on
11.04.2014, under Sections 171 E and 188 of IPC, on the
allegation that the respondent was in possession of money
to be used to pay the voters at the time of the election. The
respondent, filed a petition for quashing of the complaint
before the High Court of Judicature of Karnataka.
The High Court by an order dated 12.02.2015, quashed
the FIR on the ground that there was no averment in the
com