HON’BLE SRI JUSTICE K. LAKSHMAN ELECTION PETITION No.3 OF 2024

ORDER

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, under Section - 101 read with 98 (c) and

84 of R.P. Act, 1951 with effect from 04.12.2023.

iii. to impose imprisonment and penalty under Section - 125 A (iii) of the RP Act, 1951 against respondent No.1 under Section - 99 of RP Act, 1951 for his failure to furnish the required information, concealing the material information and for giving false Form-26 affidavit dated 08.11.2023, which is prescribed by Rule - 4A of the Conduct of Election Rules 1961.

iv. to communicate the decision of this Court in this matter to the Election Commission of India and the Speaker of the Telangana Legislative Assembly in terms of Section - 103 of the RP Act,1951.

v. to Grant costs of the petition.

3. The election petitioner has filed this election petition contending as follows:

i) He is the resident of Kothagudem Town which comes under

117-Kothagudem Assembly Constituency. His Aadhar Card Number is

7175 6675 8671 and Voter ID Number is KYT 1505502.

ii) Vide Memo No.4004/Elecs.D/A1/2023-1, dated 09.10.2023 and Gazette Notification No.37, dated 03.11.2023 issued by the Election Commission of India (for short ‘ECI’), the following schedule of elections was declared to elect the Members to the Telangana State Legislative Assembly-2023 for total 119 Assembly Constituencies in Single Phase including 117-Kothagudem Assembly Constituency.

a) Date to file the nominations : 03.11.2023 to 10.11.2023 b) Scrutiny of nomination papers : 13.11.2023 c) Polling Date : 30.11.2023 d) Counting and declaration of result : 03.12.2023 iii) Respondent No.1 contested in the said election as a candidate set up by the Communist Party of India (CPI), while respondent No.2 contested as a candidate set up by the All India Forward Bloc Party’. Apart from them, 28 other candidates also contested in the said election for the Post of MLA to 117-Kothagudem Assembly Constituency (hereinafter referred to as ‘Subject Constituency’).

iv) The petitioner cast his vote in the said election conducted on

03.12.2023 for the subject constituency. Results were declared and respondent No.1 was declared as ‘Returned Candidate’ for the subject constituency, and Gazette Notification No.44, dated 04.12.2023 was also issued to that effect.

v) Respondent No.1 stood in the first place while respondent No.2 stood in the second place among others by securing the following votes:

Candidate Votes secured Respondent No.1 80,336 Respondent No.2 53,789 vi) As per Rule - 4A of the Conduct of Election Rules, 1961 (for short ‘Rules, 1961’), contesting candidate must file Form-26 in the form of an affidavit along with nomination papers before the Returning Officer.

vii) Firstly, Form-26 affidavit dated 08.11.2023 submitted by respondent No.1 was notarized by Mr. Mendu Rajamallu, B.A., B.L., Advocate of