PONNAM PRABHAKAR Vs. GANGULA KAMALAKAR

JUDGEMENT

(1.) This Election Petition is filed seeking the Court to declare the election of Respondent No.1 as Member of Legislative Assembly for 26-Karimnagar Assembly Constituency that was held on 7/12/2018 and declared on 11/12/2018 as null and void and consequently, to set-aside the Telangana Gazette Notification No.20, insofar as 26-Karimnagar Assembly Constituency is concerned and to disqualify respondent No.1 from contesting the elections for a period of six years as envisaged under Ss. 8A and 10A of the Representation of People's Act, 1951.

(2.) The facts of the case as detailed in the Election Petition, if narrated in a narrower compass, are that, an Election Notification was issued for electing Members of Telangana Legislative Assembly on 12/11/2018.The petitioner, representing Indian National Congress Party, filed his nomination papers on 14/11/2018. Respondent No.1, who was sponsored by Telangana Rashtra Samithi Party, also filed nomination papers for 26-Karimnagar Assembly Constituency. Polling took place on 7/12/2018. Results of Election were declared on 11/12/2018. Respondent No.1 was declared to have been duly elected.

(3.) Respondent No.1, in contravention of Sec. -77 of Representation of People's Act, 1951(hereinafter be referred to as 'Act, 1951' for the sake of convenience of discussion), had incurred excess expenditure. As per the day to day accounts submitted by Respondent No.1, the total expenditure he incurred was Rs.50,36,531.85 paise upto 7/12/2018 and the same was duly certified by the Assistant Registrar by name Mrs. K.Jamuna Rani, who was the Officer in the Accounting Team. The maximum limit of Election expenses prescribed under Rule 90 of Conduct of Election Rules, 1961 for the Assembly Constituency is Rs.28,00,000.00. Respondent No.1 is involved in corrupt practices as envisaged under Sec. 123(6) of the Act, 1951 by spending more amount. Thus, the election of respondent No.1, who had won the election through corrupt practices, is liable to be declared as null and void.