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T. VINOD KUMAR
D. K. Aruna – Appellant
Versus
Bandla Krishna Mohan Reddy – Respondent
| Table of Content |
|---|
| 1. election petition filing and procedural background. (Para 1 , 2 , 3) |
| 2. issues regarding opening of evms and vvpat scrutiny. (Para 4 , 5) |
| 3. claims of discrepancies in vote counts. (Para 6 , 7 , 8) |
| 4. reliefs sought by the petitioner. (Para 9 , 10) |
| 5. service of notice and legal requirements. (Para 15 , 16) |
| 6. court's observations on election procedures and rights. (Para 35 , 42) |
| 7. impact of false affidavit on election validity. (Para 62 , 69) |
JUDGMENT
1. This Election Petition is filed under Sec. 80, 80A, 81, 100 R/w. 101 of the Representation of Peoples Act, 1951 (hereinafter referred to as 'the Act, 1951) challenging the election of the Respondent No. 1 herein as Member of 79 - Gadwal Assembly Constituency, Telangana Legislative Assembly as void.
2. The Notification for elections to the Telangana Legislative Assembly was issued by the Election Commission of India on 12/11/2018. The last date for filing nominations was 19/11/2018, and the last date for withdrawal of candidature was 22/11/2018. Thereafter the date of poll was fixed as 7/12/2018. Pleadings in the Election Petition:
3. The petitioner herein submits that she filed her nomination on 19/11/2018 as a candida
An election petition may be dismissed summons under CPC if it fails to disclose a triable cause of action; non-disclosure of material liabilities can render an election void under the Representation ....
Candidates must fully disclose criminal cases and asset details during elections, as failure constitutes corrupt practice under the Representation of People Act, impacting informed voting.
Point of Law : In the event of a necessary party not being made a party to the Election Petition, it would be incumbent upon the Court to dismiss the petition.
The election petition was dismissed due to failure to prove that the alleged non-compliance with election affidavit laws materially affected the election outcome.
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