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Telangana HC Dismisses Independents’ Pleas

Hyderabad: A two-judge panel of the Telangana High Court dismissed three writ petitions challenging the rejection of nominations of independent candidates. The panel of Chief Justice Alok Aradhe and Justice J. Anil Kumar was dealing with a plea filed by Veerabrahma Ravi against the action of the returning officer at Nalgonda rejecting his nomination paper for the Nalgonda parliamentary constituency on the ground that it was not in the prescribed format. Senior counsel Avinash Reddy, appearing for the Election Commission of India, stated that the petitioner was in the electoral role of the Musheerabad Assembly segment, and filed his nomination as an independent candidate for the Nalgonda parliamentary constituency and filed a defective electoral roll. He argued that an opportunity was offered to the petitioner which he failed to avail. Neither the petitioner nor his representative was present during the scrutiny of the nomination papers. Avinash Reddy argued that the extract of the certified electoral roll filed by the petitioner did not contain the serial number and EPIC number, which according to the ECI was in contravention of the Representation of People’s Act. The panel accordingly dismissed the writ plea. However, liberty was granted to the petitioner to avail the remedy available under the law. In a similar matter the panel dismissed a writ plea filed by Kallu Narsimulu Goud challenging the rejection of his nomination by the returning officer in Medak. It was the case of the petitioner that he was a resident of the Patencheru Assembly segment which fell in the Medak parliamentary constituency and his nomination paper as an independent candidate was rejected on the ground that names of the 10 proposers did not tally with the electoral rolls. The petitioner complained that despite furnishing the details of the 10 proposers, his nomination was rejected arbitrarily. Senior counsel appearing for ECI stated that the serial number and the ward number mentioned by the proposers did not tally with the electoral rolls. The panel accordingly dismissed the writ petition. In another matter, the panel dismissed the writ petition filed by Shaik Toufeeq challenging the rejection of his nomination as an independent candidate by the returning officer at Malkajgiri. The petitioner contended that the returning officer rejected the nomination only on the ground that the serial number of Proposer No. 6 in the nomination was incorrect. He contended that by an oversight instead of Serial No. 719 the proposer wrote Serial No. 791. The petitioner contended that the rejection was in violation of the proviso to Section 33 (4) of the Act and an opportunity to correct the same should be granted. Senior counsel for the ECI contended that neither the petitioner nor his representative was present during the scrutiny of the nomination paper and no relief as prayed for can be granted. The bench accordingly dismissed the writ petition.

Jail for TN official for contempt

Justice Sree Sudha of the Telangana High Court sentenced the assistant director, requirement, Mount Road, Tamil Nadu, to one month of civil imprisonment for violating a court order. The judge was dealing with a contempt petition filed by TM Inputs and Services Private Limited. Earlier, the court directed the Union of India to make the payment as per the award passed by the Micro and Small Enterprises Facilitation Council (MSEFC) along with interest. However, Centre paid the principal amount and refused to pay interest stating that the High Court had directed them to deposit only the balance amount and also contended that they had filed an appeal before the Supreme Court which was pending. Mayur Mundra, counsel appearing for the petitioner, contended that pursuant to that a clarification was sought in the High Court and the court confirmed the order of the Facilitation Council directing the respondent to pay the balance amount along with interest within a period of two months. The court was informed of the appeal filed before the Supreme Court being dismissed. The High Court passed an order punishing the contemnors with a civil imprisonment of one month.

( Source : Deccan Chronicle )
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