IMPORTANT POINT
Mandatory disclosure of information by contesting candidates in Panchayat Raj elections, and the consequences of non-disclosure or suppression of information.

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief:

“....to set aside the order passed by the II Additional Junior Civil Judge, at Kollapur dated 06.09.2022 in E.O.P.No.6 of 2019 in setting aside the election of the Petitioner as office of the Sarpanch SARPANCH for the Village of Chandrakal, Peddakothapally Mandal, Nagarkurnool District by declaring the same as illegal and contrary to law as otherwise the Petitioner will be put to heavy and irreparable loss by issuing Writ of Mandamus or any other Writ or Order or direction and pass such other order or orders as this Hon’ble Court deems fit and proper in the circumstances of the case..”

2. The petitioner herein is the respondent in the Election Original Petition No.6 of 2019 on the file of II Additional Junior Civil Judge, at Kollapur and the respondent No.6 herein is the petitioner in said E.O.P. For the sake of convenience, hereinafter, the parties will be referred as they are arrayed in this writ petition.

3. The brief facts of the case are that the petitioner herein along with respondent No.6 herein contested the election of Sarpanch, Gram Panchayath, Chandrakal Village, Peddakothapally Mandal, Nagarkurnool District, under SC reserved category. The petitioner was declared as elected for the post of Sarpanch, as he secured more votes than others. Challenging the election of the petitioner, the respondent No.6 has filed E.O.P.No.6 of 2019 before the II Additional Junior Civil Judge, at Kollapur, on the following grounds: i) That the petitioner has wrongly mentioned his age as 30 years as on 18.01.2019 whereas as per the documents, his age is 28 years as on 18.01.2019 and the same amounts to suppression of the fact; ii) That in the declaration form, the petitioner has mentioned as Ward No.5 instead of Sarpanch; iii) That the petitioner has submitted two sets of nomination forms viz., in one set, he mentioned his name as Nagesh and in another set, he has mentioned his name as Nagaiah and the signature also varies; iv) That in one set of nomination, he mentioned that he has paid an amount of Rs.10,000/- and in another set no amount has been shown; v) That in one set of nomination, the House number is not mentioned and in the another set of nomination, House Number is mentioned as 4-39 whereas as per voter ID card, the House Number is 1-77; vi) That the Returning Officer has initially rejected the nomination of the petitioner on 19.01.2019, however in the approved nominations list, the name of the petitioner was mentioned as G.Nagaiah and in the successful candidates nomination list dated 22.01.2019, the name of G.Nagesh has been mentioned; vii) That as per sub-rule (3) of Rule 8 of Telangana Panchayat Raj (Conduct of Elections) Rules, 2018 (for short “the Election Rules, 2018”), it is mandatory for the contesting candidates in Panchayat Raj Election has to disclose information relating to criminal antecedents, assets and liabilities and educational qualifications along with their nomination papers in the prescribed format as per the judgment of the Hon’ble Supreme Court in Civil Appeal No.4909/2002 dated 13.03.2003. Thus the respondent No.6 herein has filed the E.O.P.No.6 of 2019 seeking to set aside the election of the petitioner herein for the post of Sarpanch of Gram Panchayat Chandrakal Village and consequently declare the respondent No.6 herein as duly elected for the post of Sarpanch of Gram Panchayat Chandrakal Village, Peddakothapally Mandal, Nagarkurnool District.

4. The petitioner herein has contested the Election O.P by filing his counter affidavit and controverted all the allegations made in the Election O.P.

5. Basing on the pleadings of the parties, the Election Tribunal framed the following issues:

i) Whether the respondent (petitioner herein) and his followers distributed liquor to the residents of Chandrakal Village to attract the villagers to vote for respondent (petitioner herein) and t