In a setback to the ruling Bharat Rashtra Samithi (BRS), the Telangana High Court on Wednesday declared the election of Vanama Venkateswara Rao as MLA from the Kothagudem constituency in the 2018 elections invalid.
The court also imposed a penalty of Rs 5 Lakh upon him for submitting an election affidavit with false details by hiding the facts. The court also ordered him to pay the court expenses of petitioner Jalagam Venkat Rao. The court also declared the unsuccessful candidate Jalagam Venkat Rao, who contested on the BRS (then TRS) ticket, as Kothagudem MLA with effect from December 12, 2018.
Vanama Venkateswara Rao, who contested on the Congress ticket from the Kothagudem constituency and won the seat, later joined the ruling BRS. Seeking the cancellation of his election, Jalagam Venkat Rao approached the High Court and filed a petition. Justice G Sudha Rani delivered an 84-page-judgement on Tuesday.
During arguments, the advocate on behalf of Jalagam Venkat Rao argued that Vanama Venkateswara Rao didn’t give the details of one case lodged against him at Kothagudem police station intentionally. “He didn’t mention the 300 square-yard-house at Palwancha, which was registered in his wife Vanama Anjali’s name, in his 2018 election affidavit, though he mentioned the same in the election affidavits submitted during the elections held in 2004, 2009 and 2014.
Vanama Anjali sold a 151.11 square yard site from the same house site on March 22, 2018. Though Anjali was proved as his wife through the sale deed and Aadhar, he didn’t mention her name in the affidavit and didn’t give the details of the remaining 148-square-yard-house site. Though he gave the income as Rs 84,000 he didn’t give the details of income of the members of the undivided family.”
Later, the petitioner withdrew the allegation of not declaring Vanama Anjali as a wife and criminal case and other details. The advocate on behalf of Vanama Venkateswara Rao argued, “We are not aware of the criminal case. We received the summons after filing the nomination papers. In that case, the court has declared him innocent in 2019. Anjali nor Vanama Venkateswara Rao’s wife neither his family member. She is not depending upon him. Thus there is no need of giving her details”.
Apart from listening to the arguments of both sides, the Judge also recorded the witnesses of Palwancha MRO and municipal commissioner, Kothagudem sub-registrar and Chikkadpally sub-inspector. The High Court has observed that Vanama Venkateswara Rao didn’t attend the court proceedings, on the petition filed against him, to submit his witness.
According to the evidence act the witness was submitted against the allegations, the allegations have to be treated as factual, Justice G Radha Rani pointed out.
Not mentioning the income of family members in the election affidavit will be considered as committed to corruption, Justice Sudha Rani observed while declaring his election invalid.
The High Court Judge gave judgement by declaring the petitioner Jalagam Venkat Rao as the winner instead of Vanama Venkateswara Rao.
Responding to the High Court verdict, Vanama Venkateswara Rao has said that he will challenge the verdict in the Supreme Court. “I was elected as Kothagudem MLA in a democratic manner with people’s support. I faced so many up and downs in my 45-year political career. I have faith in the judiciary. I will face it politically in the coming days. I will be in the public life till my last breath. I have full support from the BRS high command,” he said.
According to the legal luminaries, Vanama Venkateswara Rao can file an appeal in the High Court seeking a stay on the verdict. As per section 116(B) in the Representation of the People Act, the High Court has the power to stay the judgement for a period of one month. The court doesn’t have the power to stay the verdict for more than a month. In the meantime, the appellant has to get an interim order from the Supreme Court. If the court refused to stay the verdict, it will take time to cancel the election of Vanama Venkateswara Rao.
The election commission has to issue a gazette after receiving the verdict delivered by the High Court. The cancellation of the election came into force once the gazette was issued. Vanama Venkateswara can have a chance to approach the Supreme Court before the completion of the above-said process.
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