Maganti Sunitha challenges bypoll result in Telangana High Court
Sunitha alleges that the election process was vitiated due to serious violations of the provisions of the Representation of the People Act, 1951 and the Conduct of Election Rules, 1961
Hyderabad: An election petition challenging the result of the by-election to the Jubilee Hills Assembly Constituency has been filed before the Telangana High Court, and is expected to be listed shortly before a single judge.
The petition has been filed by Maganti Sunitha, who contested on behalf of the Bharat Rashtra Samithi and the wife of late MLA Maganti Gopinath, seeking to set aside the election of the returned candidate from the Jubilee Hills constituency. The petitioner has also sought a declaration that she be declared as the duly elected candidate.
According to the petition, the Election Commission of India issued the notification for the by-election in October 2025. Polling was conducted on November 11, 2025, and counting of votes took place on November 14, 2025. As many as 58 candidates contested the election. Naveen Yadav of the Indian National Congress was declared elected with a margin of 24,729 votes.
The petitioner has alleged that the election process was vitiated due to serious violations of the provisions of the Representation of the People Act, 1951 and the Conduct of Election Rules, 1961. A major ground raised in the petition relates to alleged non-compliance with mandatory requirements concerning disclosure and publication of criminal antecedents of candidates.
It is contended that Naveen Yadav failed to publish complete and correct information relating to criminal cases in the manner prescribed by law. The petition states that such disclosures are mandatory and are intended to ensure transparency in the electoral process, enabling voters to make an informed choice. The petition relies on binding judgments of the Supreme Court, including decisions which hold that disclosure of criminal antecedents is an integral part of free and fair elections and flows from the voter’s fundamental right to information under Article 19(1)(a) of the Constitution. It was further asserted that any suppression, misstatement, or improper publication of such information would amount to a corrupt practice and render the election liable to be declared void. The petitioner has also referred to guidelines and directions issued by the Election Commission of India from time to time, mandating strict compliance by candidates and political parties regarding the publication of criminal antecedents in newspapers, electronic media, and other prescribed platforms.
It is further alleged that the returning officer and other election authorities failed to ensure compliance with these mandatory requirements, thereby materially affecting the fairness and integrity of the election process. The election petition is at the scrutiny stage and is awaiting listing before the appropriate single judge of the High Court.
