: Justice K. Lakshman of Telangana High Court dismissed an election petition challenging the election of Kova Laxmi as MLA from Asifabad last year. The judge was dealing with an election petition filed by Ajmera Shyam, seeking set aside of the election of the respondent and declaration of himself as the duly elected candidate.
The judge dismissed the election petition within a period of nine months and 20 days, within timelines mentioned in Section 86 (7) of the legislative intent and principle laid down by the apex court. Shyam, represented by senior counsel C. Raghu, contended that the respondent failed to comply with the provisions with regard to submission of nomination as prescribed under the Representation of the People Act, 1951 and Conduct of Election Rules, 1961.
The submission of nomination by the respondent along with Form-26 was incomplete as she did not submit five years of income tax returns, he said. It was also alleged that the respondent deliberately suppressed her income for particular years thereby committing a corrupt practice under Section 123(2) of the Act. On the contrary, Laxmi challenged the maintainability of the election petition and contended that the same was filed without compliance with the requirement in Form 25.
The respondent represented by senior counsel J. Ramachandra Rao inter alia also contended that the election petition was liable to be dismissed on the grounds of false and frivolous allegations made therein. She denied any suppression .
