The Karnataka High Court orally observed that the complaint filed by BJP leaders over alleged irregularities in the tender process for procuring and installing smart electricity meters may amount only to a procedural lapse.

Justice M I Arun told the petitioners, “The maximum relief you can get is to redo the process. What else is there? At best, it is only a procedural error. Yet you seek to set aside the entire proceedings.”

Challenging the complaint, the petitioners’ counsel argued that the request made was not for cognisance but for invoking Section 175(4) of the BNSS to refer the matter to the Lokayukta for investigation, thereby limiting the court’s powers.

It was contended that protection is available to public servants under such circumstances, else anyone could file complaints. Reference was made to Section 218 BNSS, requiring that if a grievance relates to a public servant’s act, the court must first seek a report from their superior, and in the case of ministers, from the appointing authority.

The counsel stressed that the complainants were fully aware of the petitioners’ superior authority, having even made a representation before the Governor, as admitted in their counter. It was further submitted that since the allegations concern official decisions, Section 17A of the Prevention of Corruption Act applies, mandating prior sanction before prosecution.

It was also alleged that the complaint carried political motives. The matter has been adjourned to August 28 for further hearing.