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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN
Nandu Lal Agarwal – Appellant
Versus
Kunamneni Sambasiva Rao – Respondent
ORDER :
K. LAKSHMAN, J.
Heard Mr. Ramesh Kuthumbaka, learned counsel for Election Petitioner, Mr. G. Vidya Sagar, learned Senior Counsel representing Mr. Sai Prasen Gundavaram, learned counsel for respondent No.1, Mr. K. Durga Prasad, learned counsel representing Mr. Ramesh Katikineni, learned counsel for respondent Nos.2 & 16, Mr. Ravi Chandra Sekhar, learned counsel for respondent No.4. None appears for respondent No.15.
2. The Election Petitioner filed the present Election Petition under Section - 81 read with 100, 101 and 125A of the Representation of Peoples Act, 1951 and Rule - 3 of the Rules to Regulate the trial of Election Petitions under the Representation of Peoples Act, 1951, seeking the following reliefs:
i. to declare the election of Respondent No.1 as Returned Candidate for 117- Kothagudem Assembly Constituency, Telangana State as null and void under Section - 100(1)(d)(iv) of Representation of Peoples Act, 1951 as respondent No.1 failed to comply Form-26 Affidavit prescribed by Rule - 4A of the CONDUCT OF ELECTION RULES 1961.
ii. to declare respondent No.2 as Returned Candidate for 117 -Kothagudem Assembly Constituency, Bhadhradri - Kothagudem District, Telangana State
The election petition was dismissed due to failure to prove that the alleged non-compliance with election affidavit laws materially affected the election outcome.
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.
Election petitions alleging affidavit suppression must plead full corrupt practice particulars including pendency and material election result effect for improper acceptance; deficiency invites Order....
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.
Election petitions must plead concise material facts under Section 83(1)(a) RP Act to disclose cause of action; deficient, vague pleadings warrant dismissal under Order VII Rule 11 CPC without trial.
An election petition must disclose material facts and sources of information regarding allegations of corrupt practices, or the petition is deemed insufficient for trial.
Election petition alleging specific non-disclosure of partnership firm tax dues in nomination affidavit discloses triable issues under corrupt practice and improper acceptance grounds, warranting tri....
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