HANUMANTHA RAO DESAISETTY Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) Heard the learned Senior Counsel for the petitioner, the learned Senior Counsel for the respondent Nos.1 to 6 and the learned Senior Counsel for the respondent No.7.

(2.) This Writ Petition is filed questioning the action of the respondent No.6 in not rejecting the nomination of the 7th respondent to the 117-Nellore City Assembly Constituency in the ensuing 2024 Legislative Assembly Elections, for not furnishing the details of his second wife Smt. Ponguru Indira and her properties in Form-26 filed along with his nomination on the ground of suppression and misrepresentation of the material facts, pursuant to the Objection Petition filed by the petitioner dtd. 26/4/2024 along with the supporting documents and overruling the objections raised by the petitioner vide order dtd. 26/4/2024 in Rc.A.54/2024/RO.

(3.) The learned Senior Counsel for the petitioner submits that the 7th respondent submitted Form-26 affidavit to be filed by the candidate along with the nomination paper before the Returning Officer for Election to Andhra Pradesh Legislative Assembly 2024 from 117-Nellore City Assembly Constituency. In the column of the "name of the spouse" he only mentioned the first wife's name Smt. Ponguru Ramadevi with PAN.No.ACSPP8838K, but he did not mention about his second wife and her assets in the list of particulars to be furnished in the said Form-26. In the lease deed dtd. 28/6/2008 it was clearly mentioned about the other wife of the 7th respondent as Ponguru Indira husband of Ponguru Narayana. The sale deed dtd. 30/10/2000 also stands in her name. The rectification deed dtd. 13/10/2022 also stands in her name. Thus some of the properties are also standing in her name who is said to be the second wife of the 7th respondent.