Telangana High Court dismisses election petition against Kothagudem MLA Koonamneni Sambasiva Rao

Justice K. Lakshman of the Telangana High Court on Monday dismissed an election petition filed against Kothagudem MLA Koonamneni Sambasiva Rao, granting significant relief to the legislator, who was elected on a Communist Party of India (CPI) ticket in the 2023 Assembly elections

Hyderabad: Justice K. Lakshman of the Telangana High Court on Monday dismissed an election petition filed against Kothagudem MLA Koonamneni Sambasiva Rao, granting significant relief to the legislator, who was elected on a Communist Party of India (CPI) ticket in the 2023 Assembly elections.

The petition was filed by Nandulal Agarwal, a local voter from the Kothagudem constituency, seeking to invalidate the MLA’s election on the grounds of alleged misrepresentation and concealment of facts in the Form 26 affidavit, which is required to be submitted by contesting candidates.

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It was alleged that Koonamneni failed to disclose the name of his spouse and that the affidavit was improperly attested by a notary who did not possess a valid notary certificate at the time. The petitioner further requested the court to declare the election void, impose penal consequences, and declare Jalagam Venkat Rao, who polled the second-highest number of votes, as the elected MLA.

The counsel on behalf of Sambasiva Rao submitted that all required details, including marital status, educational qualifications, PAN details of his wife, and dependents, were fully disclosed in the affidavit. The absence of the wife’s name, it was argued, did not amount to suppression of material facts, as the form did not specifically mandate such disclosure.

The counsel further contested the validity of the petition itself, pointing out that it was filed three days beyond the 45-day statutory deadline prescribed under the Representation of the People Act. Regarding the notary certificate, it was submitted that Notary-cum-Advocate Mendu Rajamallu had filed a renewal application prior to the expiry of his certificate and that the competent authority subsequently renewed it with retrospective effect from July 7, 2021.

After examining the pleadings, documents, and cited Supreme Court judgments, Justice K. Lakshman held that the petition lacked merit and that the petitioner had failed to establish any substantial ground to interfere with the election result. The court concluded that the alleged omissions did not materially affect the outcome of the election.

Accordingly, the election petition was dismissed, affirming Koonamneni Sambasiva Rao’s election from the Kothagudem Assembly constituency.