IMPORTANT POINT
The court affirmed that challenges to election nominations must be made post-election through an election petition, as per Article 329(b) of the Constitution.

ORDER :

(B. Krishna Mohan, J.)

Heard the learned Senior Counsel for the petitioner, the learned Senior Counsel for the respondent Nos.1 to 6 and the learned Senior Counsel for the respondent No.7.

2. This Writ Petition is filed questioning the action of the respondent No.6 n not rejecting the nomination of the 7th respondent to the 117-Nellore City Assembly Constituency in the ensuing 2024 Legislative Assembly Elections, for not furnishing the details of his second wife Smt. Ponguru Indira and her properties in Form-26 filed along with his nomination on the ground of suppression and misrepresentation of the material facts, pursuant to the Objection Petition filed by the petitioner dated 26.04.2024 along with the supporting documents and overruling the objections raised by the petitioner vide order dated 26.04.2024 in Rc.A.54/2024/RO.

3. The learned Senior Counsel for the petitioner submits that the 7th respondent submitted Form-26 affidavit to be filed by the candidate along with the nomination paper before the Returning Officer for Election to Andhra Pradesh Legislative Assembly 2024 from 117-Nellore City Assembly Constituency. In the column of the “name of the spouse” he only mentioned the first wife’s name Smt. Ponguru Ramadevi with PAN.No.ACSPP8838K, but he did not mention about his second wife and her assets in the list of particulars to be furnished in the said Form-26. In the lease deed dated 28.06.2008 it was clearly mentioned about the other wife of the 7th respondent as Ponguru Indira husband of Ponguru Narayana. The sale deed dated 30.10.2000 also stands in her name. The rectification deed dated 13.10.2022 also stands in her name. Thus some of the properties are also standing in her name who is said to be the second wife of the 7th respondent.

4. The Section 33-A of the Representation of the People Act, 1951 reads as under:-

33A. Right to information:-

(1) A candidate shall, apart from any information which he is required to furnish, under this Act or the rules made there under, in his nomination paper delivered under sub-section (1) of section 33, also furnish the information as to whether:-

(i) He is accused of any offence punishable with imprisonment for two years or more in a pending case in which a charge has been framed by the court of competent jurisdiction;

(ii) He has been convicted of an offence [other than any offence referred to in sub-section (1) or sub-section (2), or covered in sub-section (3), of section 8] and sentenced to imprisonment for one year or more.

(2) The candidate or his proposer, as the case may be, shall, at the time of delivering to the returning officer the nomination paper under sub-section (1) of section 33, also deliver to him an affidavit sworn by the candidate in a prescribed form verifying the information specified in subsection (1).

(3) The returning officer shall, as soon as may be after the furnishing of information to him under sub-section (1), display the aforesaid information by affixing a copy of the affidavit, delivered under sub-section (2), at a conspicuous place at his office for the information of the electors relating to a constituency for which the nomination paper is delivered.

5. The candidate shall deliver an affidavit sworn by him in a prescribed form verifying the information furnished in sub-section (1) of the said Section.

6. The Section 80 of the Representation of the People Act, 1951 deals with the Election Petition which reads as under:-

80. Election petitions. No election shall be called in question except by an election petition presented in accordance with the provisions of this part.

7. The Section 100 of the Representation of the People Act, 1951 reads as under:-

100. Grounds for declaring election to be void.-[(1) Subject to the provisions of sub-section (2) if the High Court is of opinion-

(a) that on the date of his election a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under the Constitution or this Act[][