MOPURAGUNDU THIPPESWAMY Vs. K.ERANNA

JUDGEMENT

(1.) This Election Petition is filed under Sections 80, 80A, 81, 83, 84 and 100(1)(d) and 101 of the Representation of the People Act, 1951 (for short, the R.P. Act), seeking to (a) declare the election of the first respondent from 275-Madakasira Assembly Constituency, Ananthapur District, State of Andhra Pradesh, in the Assembly General Elections held in the month of April, 2014 as illegal, null, void and set aside the same; and (b) declare the petitioner as duly elected from 275-Madakasira Assembly Constituency, Ananthapur District, State of Andhra Pradesh in the General Elections held in the month of April, 2014, with the following averments.

(2.) The Election Commission of India issued a press-note on 05.3.2014 to conduct General Elections-2014 for the Legislative Assemblies of different States. As per the press-note, the elections for the Legislative Assembly of the State of Andhra Pradesh were scheduled to be conducted in two phases i.e., on 30.4.2014 for Telangana area and on 07.5.2014 for Seemandhra area. In the Election Notification issued on 12.4.2014, the Election Commission of India fixed the following schedule to conduct elections in Seemandhra area: <FRM>JUDGEMENT_4_LAWS(APH)11_2018_1.html</FRM> In pursuance of the Notification, the petitioner filed nomination on 16.4.2014 for 275-Madakasira Assembly Constituency on behalf of YSR Congress Party, whereas the first respondent filed nomination on behalf of Telugu Desam Party. Respondent Nos.2 to 10 also contested in the elections by submitting their respective nominations to the eleventh respondent.

(3.) The case of the petitioner is that the first respondent has filed Form-26 along with the nomination. He kept para-2 of Form- 26 blank, without filling anything, which is in respect of his enrollment as a voter in a particular constituency. As per column Nos.5(i) and 5(ii) of Form-26, the first respondent has to disclose his criminal antecedents, but at column Nos.5(i) and 5(ii), it was mentioned as "nil". The first respondent also declared, in column No.9(b) of Form-26, that his wife is house-wife. The information furnished by the first respondent, in column Nos.5 and 9(b) of Form-26, is false, thereby he violated the statutory provisions. On coming to know about the suppression of material facts by first respondent, in his nomination and affidavit in Form-26, petitioner submitted a representation to eleventh respondent on the date of the scrutiny of nominations, stating that the first respondent was shown as accused No.5 in Crime No.133 of 2002 on the file of the State House Officer, Ponnampeta Police Station, Kodagu District, Karnataka State, for the offences punishable under Sections 120(B), 143, 144, 147, 323, 449 and 506(II) read with 149 of IPC. In the said crime, after completion of the investigation, the Investigating Officer laid charge sheet against the first respondent and others for the offences punishable under Sections 120(B), 143, 144, 147, 323, 447 and 506(II) read with 149 of Penal Code, and the same was numbered as C.C.No.1002 of 2003, which was re-numbered as C.C.No.84 of 2010 on the file of the Court of Principal Civil Junior Division, Virajpet. After framing the charges and examining some of the prosecution witnesses in C.C.No.84 of 2010, the case was adjourned to 17.7.2014 for examination of L.Ws.11, 15 and 16. First respondent, who has been attending in the said case, has consciously chosen not to disclose the details of his criminal antecedents in his nomination and affidavit in Form-26. The petitioner also brought to the notice of eleventh respondent that the first respondent is accused in Crime No.76 of 2013 on the file of the Station House Officer, Madakasira Police Station, Ananthapur District, for the offences punishable under Sections 171-E and 188 of IPC. The first respondent should have disclosed the particulars of the said crime in his nomination and affidavit in Form-26, but consciously and deliberately failed to do so; thereby he has contravened the provisions of Sec. 33-A of the R.P. Act.