ORDER :

Heard Sri V. Ravinder Rao, learned senior counsel appearing for petitioner and Sri V. Hari Haran, learned senior counsel appearing for respondent no.1.

2. On 6.10.2018 schedule for conducting elections for the States of Chhattisgarh, Madhya Pradesh, Rajasthan, Mizoram and Telangana were announced by the Election Commission of India. The election schedule is as under :

3. Accordingly, Gazettee notification was published on 12.11.2018 calling for elections to the Telangana State Assembly. Petitioner was nominated by the Telangana Rastra Samithi party to contest the election to the Member of Legislative Assembly from Goshamahal Assembly Constituency Number 65. Petitioner submitted his nomination paper No.36/65/2018 on 19.11.2018. He has complied with all the required formalities including filing of affidavit in Form No.26. The first respondent was sitting Member of Legislative Assembly from Goshamahal Constituency representing Bharatiya Janata Party. He was again nominated to contest on behalf of Bharatiya Janata Party from Goshamahal Assembly Constituency. The first respondent filed nomination papers on 12.11.2018 and again on 19.11.2018.

4. Respondents 2 to 24 have also submitted their nomination papers. On scrutiny of nomination papers, the Returning Officer of the Goshamahal Assembly Constituency, declared the petitioner and respondents 1 to 24 as validly nominated to contest the Assembly elections 2018 for Goshamahal Assembly Constituency. Petitioner further submits that on filing of nomination papers, the Returning Officer supplied books which deal with ‘Dos and Don’ts’ ‘Hand Book for Candidates’ ‘Polling Agents Manual’ and other election regulatory books and material to all the nominated candidates.

5. In the elections conducted on 07.12.2018 first respondent secured 61,806 votes, whereas petitioner secured 44,902 votes and as first respondent secured more votes than any other candidate contesting the elections, he was declared as elected on 13.12.2018. After the first respondent, petitioner secured more votes than other candidates who contested in the election.

6. In this Election Petition, petitioner challenges the election of first respondent alleging that he committed several omissions and commission of Model Code of Conduct, violated various provisions of the Act, 1951 and his actions/conduct would amount to indulging in corrupt practices. He prays to declare the election of first respondent as null and void and consequently to declare the petitioner as duly elected to the Legislative Assembly Goshamahal Constituency No.65.

6.1. Petitioner avers that being sitting Member of Legislative Assembly, the first respondent was expected to know all aspects of contesting elections including ‘Model Code of Conduct’ which was in force from 6.10.2018. Petitioner contends that from the date of issuance of press note dated 6.10.2018, first respondent committed innumerable corrupt practices such as calling the voters by way of appeasing the electors/voters on the ground of religion and cow, cow slaughter, provocation and inducement to the electors/voters, appealed to the voters using National flag, photos and idols of religious Gods, promoting the feelings of enmity between the classes of the citizens on the ground of religion and made statements touching the personal character and conduct of the petitioner which prejudicially affected the election of the petitioner and other contestants.

6.2. It is further contended that first respondent incurred expe