HC Dismisses Petition Challenging Election Of CPI MLA Kunamneni Sambasiva Rao
Agarwal in his affidavit, contended that this did not amount to a sworn affidavit and thereby was not in compliance with Rule 4A of the Rules, 1961, to contest the election.
Hyderabad: The Telangana High Court dismissed a petition challenging the election of Kunamneni Sambasiva Rao of the CPI as MLA of the Kothagudem Assembly constituency. Nandu Lal Agarwal, a voter from the constituency, had filed the petition seeking a direction to void Rao’s election on the groundsthat the nomination papers were notarised by an advocate and not a notary.
Agarwal in his affidavit, contended that this did not amount to a sworn affidavit and thereby was not in compliance with Rule 4A of the Rules, 1961, to contest the election.
Agarwal also said Sambasiva Rao had not disclosed the name of his wife in Form-26, an offence punishable under Section 125A of the Representation of Peoples Act (RPA), 1951, and non-compliance of Rule -4A. Agarwal sought a direction to declare the candidate with the next highest majority, Jalagam Venkat Rao, as the Kothagudem MLA
Justice K. Lakshman rejected the contentions raised by the petitioner, stating that an election could not lightly be interfered with unless there were grounds to set aside his election in terms of Section 100 of the RPA.
The judge said that non-disclosure of material facts in the affidavit in Form- 26 should be substantial in nature. The object of filing of the affidavit by disclosing all the details including antecedents, assets and liabilities of the candidate, spouse and dependents etc., was that the voter should know such particulars of a contesting candidate before taking a decision on voting.
The court noted that when Sambasiva Rao had disclosed his wife’s PAN, income-tax particulars for five years and assets and liabilities etc, he had disclosed that he was married. Therefore, non-disclosure of his wife’s name in one affidavit was not material suppression and not substantial character in nature.
The judge also said that electors had reposed confidence in Sambasiva Rao who secured 80,336 votes, whereas the next candidate had got 53,789. So, elections cannot be interfered with lightly.
