Ekam sat vipra bahudha vadanti

(Truth is one, but the learned speak in different voices)

1. These two Election Petitions were filed by the unsuccessful candidates challenging the election of the first respondent who was elected as a Member of Legislative Assembly from 92- Nalgonda Legislative Assembly Constituency held in the month of May 2014. The petitioner in E.P.No.6 of 2014 further prayed for a declaration that he was duly elected as Member of the 92- Nalgonda Legislative Assembly Constituency and for punishing the first respondent under Section 125A(ii) of the Representation of the People Act, 1951 (for short, the Act). Hence, these two Election Petitions are taken up together as they relate to the challenge made to the election of the first respondent.

2. It is averred in the Election Petition No.6 of 2014 that the schedule for General Election was issued on 05.03.2014 and the election notification for conduct of elections was issued on 02.04.2014. The last date for filing of nomination was 09.04.2014 and the nominations were scrutinized on 10.04.2014. The last date for withdrawal of candidature was 12.04.2014. Polling was held on 30.04.2014 and the votes were counted on 16.05.2014. The petitioner states that he contested the elections as an independent candidate, whereas the first respondent was nominated by the Indian National Congress party. The third respondent is none other than the petitioner in E.P.No.7 of 2014. It is further stated that the first respondent secured 60,774 votes, whereas the petitioner secured 50,227 votes and the petitioner is the second candidate who secured highest number of votes. The petitioner states that the first respondent was never elected to any post in the village level, Mandal level or District level. But, he was elected to the Legislative Assembly Constituency in the General Elections held in the year 1999. Thereafter in the elections held in 2004, 2009 and 2014 he was elected. Before his election as Member of Legislative Assembly (MLA) in 1999, he projected himself and influenced the voters of his Constituency to believe that he is an educated youth leader with B.E qualification and was engaged in the business of contracts. The voters were made to believe that he is highly educated, rich and influential businessman in his Constituency. In the General Elections held in the year 2004, the first respondent declared his highest educational qualification as B.E and completed year of ‘course’ as 1986 in the affidavit dated 01.03.2004 filed along with the nomination paper. In the subsequent elections held in the year 2009 also he stated the same qualification. The educational qualification declared by the petitioner was widely published and notified in the official records since 1999. It is stated that the first respondent suppressed the true fact that he passed XII standard (Intermediate) only and made the people of the State believe, in particular, the voters of his Constituency that he holds a degree of Bachelor of Engineering (B.E) from CBIT as his educational qualification. In fact the first respondent discontinued B.E (Civil) ‘course’ in CBIT affiliated to Osmania University, the fact of which was never disclosed. The first respondent was appointed as the Minister for Information Technology, Ports and Infrastructure & Investment after his election in the year 2009. He participated in various programs organized by the Government and public projecting himself to be an engineering graduate with immense knowledge in that field. The petitioner is the native of Urumadla Village of Nalgonda District and resident of Nalgonda Town. He is a graduate in Commerce and engaged in social service for the last ten years in the said Constituency. He started his political career and contested the elections for the first time in 2014. The petitioner had no occasion to personally veri