ORDER :

This petition is filed by the petitioner under Section 81 read with Sections 100 and 101 of the Representation of People Act, 1951 (for short, ‘the R.P. Act’) to declare the election of respondent No.1 as returned candidate for 117-Kothagudem Assembly Constituency as void and consequently to declare the petitioner as returned candidate for 117-Kothagudem Assembly Constituency and also to impose penalty and imprisonment against respondent No.1, for his failure to furnish information, giving false affidavit and concealing information as contemplated under Section 125A of the R.P. Act.

2. The petitioner submitted that a notification for general election to elect the legislative members to the Telangana State Legislative Assembly-2018 for 119 Assembly Constituencies was published in the Telangana Gazette No.15 on 12.11.2018 under Section 15 of the R.P. Act in single phase. In pursuance of the said notification, the petitioner contested the said election as member set up by Telangana Rashtra Samithi, a state political party and filed his nomination paper on 14.11.2018. The respondent No.1 also contested the said election as member set up by Indian National Congress party with the alliance and support of Telugu Desam Party & Communist Party of India. Apart from the petitioner and respondent No.1, as many as 15 other candidates also contested the said election for 117-Kothagudem Assembly Constituency. As per the election schedule, polling was held on 07.12.2018 for the 117-Kothagudem Assembly Constituency, and counting was conducted on 11.12.2018 and result was also declared on the same day. The respondent No.1 was declared elected for 117-Kothagudem Assembly Constituency by the Returning Officer.

2.1. He further submitted that each of the contesting candidates should file Form-26 in the form of an affidavit along with nomination papers to the Returning Officer as per Rule 4A of the Conduct of Elections Rules, 1961 and the respondent No.1 submitted Form-26 in the form of an affidavit along with his nomination to the Returning Officer. The respondent No.1 committed acts of commissions and omissions and suppressed material facts in the Form-26 affidavit.

2.2. The petitioner gave the details of commissions and omissions in Para6 of his Election Petition as under:

A. That in Part-A(5) (ii) relating to disclosure of criminal cases, the respondent No. 1 disclosed the following cases:

i. FIR No.47 of 2017 on the file of PSPalvoncha Rural Police Station,

ii. CC No.335/2014 on the file of III Additional Judicial Magistrate of First Class, Kothagudem.

and intentionally did not disclose another criminal case in CC No.263/2015 (FIR No.127, dt.20-04-2014 on the file of P.S.-Kothagudem 2 Town) on the file of II Additional Judicial Magistrate of First Class, Kothagudem, which was still pending.

B. That in Part-A(7)(B)(iv)(c) in Form-26 affidavit filed by the respondent No.1, in the general election for the 276/117-Kothagudem Assembly Constituency in the years 2004, 2009 and 2014, claimed the ownership of the property bearing H.No.20-2-208, admeasuring 300 Sq.yards, situated at Indira Nagar, New Palvoncha in the general election for the 117- Kothagudem Assembly Constituency for the years 2004, 2009 and 2014. But not disclosed the said property in the Form-26 affidavit in the year 2018 general election.

A part of the said house bearing No.20-2-208, Indira Nagar, Palvoncha, to an extent of land admeasuring 151.11 Sq.yards was sold by one Smt. Vanama Anjali, W/o Sri Vanama Venkateswara Rao in favour of Smt. Nagalanchu Haritha, under a registered sale deed vide document No.1419/2018 dated 22.03.2018 registered in SRO-Kothagudem. The said sale deed and aadhar card would show that Smt.Vanama Anjali was wife of Mr. Vanama Venkateswara Rao, and it would clearly reveal/infer that Smt. Vanama Anjali was a family member/dependent of Mr. Vanama Venkateswara