In a significant legal development, the Telangana High Court upheld the election of Kunamneni Sambasiva Rao, the Communist Party of India (CPI) legislator from the Kothagudem Assembly constituency. The court dismissed an election petition filed by voter Nandu Lal Agarwal, who had challenged Rao's victory on the grounds of alleged discrepancies in his election affidavit. The judgment underscores the judiciary's commitment to upholding the democratic process while ensuring that technicalities do not undermine the electorate's mandate.
The petitioner contended that Rao had violated Rule 4A of the Conduct of Election Rules, 1961, by failing to disclose his wife's name in the Form 26 affidavit submitted during the 2023 Telangana Legislative Assembly elections. Additionally, it was alleged that the affidavit was notarized by an advocate whose notary certificate had expired, rendering the document invalid. These allegations, if proven, could have led to the disqualification of Rao's election under Section 125A of the Representation of the People Act, 1951.
However, the defense presented by Rao's counsel, senior advocate G. Vidya Sagar, effectively countered these claims. The counsel argued that under the revised Form 26, it was not mandatory to disclose the names of a candidate's spouse and dependents. Furthermore, it was highlighted that Rao had provided comprehensive information about his wife's financial details, including her Permanent Account Number (PAN), income, and assets, thereby fulfilling the intent of the disclosure requirements. The counsel also pointed out that even the petitioner did not dispute that Rao's two children were not dependents.
Regarding the notarization issue, the defense presented evidence that the advocate who notarized the affidavit had applied for the renewal of his notary certificate before its expiration. Although the renewal was pending at the time of notarization, the authorities subsequently regularized the document, addressing any concerns about its validity. The court acknowledged this procedural aspect, noting that the notary's renewal application was pending when the affidavit was signed, and the subsequent validation by authorities regularized the document.
Justice K. Lakshman, who presided over the case, emphasized that election outcomes should not be invalidated over technicalities without concrete evidence of misconduct. The judge observed that baseless petitions unfairly divert elected officials from their public service duties and that the electorate's mandate should be respected unless there is substantial proof of wrongdoing. Consequently, the court dismissed the petition, upholding Rao's election and reinforcing the principle that minor procedural lapses should not overshadow the democratic choice of the voters.
This judgment is particularly noteworthy in the context of the Union of India v. Association for Democratic Reforms (2002) case, where the Supreme Court held that mere non-disclosure of a spouse's name in the affidavit does not necessarily render the election invalid, provided that other necessary information about the spouse, such as PAN number and assets, is disclosed. The Telangana High Court's decision aligns with this precedent, reinforcing the notion that transparency and intent are paramount in electoral disclosures.
The dismissal of the petition not only vindicates Kunamneni Sambasiva Rao but also sends a clear message about the judiciary's role in safeguarding the democratic process. It underscores the importance of ensuring that election petitions are based on substantial and credible evidence rather than on technicalities that may lack material impact on the election's outcome. The ruling also highlights the need for candidates to adhere to disclosure norms diligently, as even minor omissions can lead to legal challenges that may disrupt their political careers.
In conclusion, the Telangana High Court's decision to dismiss the election petition against Kothagudem MLA Kunamneni Sambasiva Rao reaffirms the sanctity of the electoral process and the principle that the will of the people, as expressed through their votes, should not be easily overturned. It serves as a reminder to all stakeholders in the democratic system—the electorate, candidates, and the judiciary—that the integrity of elections must be upheld, and that legal challenges should be grounded in substantial evidence to ensure justice and fairness in the political arena.
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