18 hrs ago
Vijaya Reddy plea could help Congress secure Khairatabad seat
P. Vijaya Reddy is asking the Telangana High Court to examine an old election complaint.
She says Danam Nagender did not fully disclose his family’s assets.
Nagender has already been disqualified from the Khairatabad Assembly seat.
If the court agrees with Reddy, she might become the legislator without a new election.
Courts have sometimes given the seat to the nearest losing candidate in similar cases.
However, such legal cases can take many years to finish.
The Election Commission has reportedly agreed to wait before announcing a new election.
Congress leaders believe this could help their party, but the result is not certain.
The Telangana High Court took up P. Vijaya Reddy’s nearly three-year-old election petition on Thursday.
Reddy alleges that disqualified MLA Danam Nagender concealed family assets in his election affidavit.
She could be declared Khairatabad’s MLA if the court finds her allegations proven.
The Election Commission reportedly undertook to withhold the poll notification until the High Court considers the petition.
Legal experts cautioned that proving the allegations and obtaining a timely ruling could be difficult.
- Who
- Congress leader P. Vijaya Reddy and disqualified former Khairatabad MLA Danam Nagender are central to the case.
- What
- The Telangana High Court is considering Reddy’s allegation that Nagender concealed family-asset information in his election affidavit.
- Where
- The case concerns the Khairatabad Assembly constituency in Hyderabad, Telangana.
- When
- The High Court took up the petition on Thursday; Reddy filed it nearly three years earlier.
- Why
- Reddy seeks action over alleged concealment in Nagender’s election affidavit, which could potentially make her the MLA.
Congress optimism
Legal caution
Potential outcome
Congress optimism
A Congress minister said Reddy could become MLA through a legal victory without a new election, and expressed confidence that Congress would also win if an election were held.
Legal caution
Legal experts and an Election Commission official emphasized that the outcome depends on Reddy proving her allegations and that there are many uncertainties.
Timing of the decision
Congress optimism
The Election Commission’s reported undertaking to withhold the poll notification could give the High Court time to decide the petition first.
Legal caution
A senior advocate said similar cases can take years, noting that the High Court took five years to decide Jalagam Venkat Rao’s petition.
Need for a by-election
Congress optimism
Avoiding an election could save crores in poll expenditure and prevent a contest for a term lasting only about two years.
Legal caution
The article says an election remains possible, and legal challenges over withholding the poll notification could still arise.
Key facts
- Constituency
- Khairatabad Assembly constituency
- Petitioner
- Congress leader P. Vijaya Reddy
- Respondent
- Danam Nagender, the disqualified incumbent
- Allegation
- Concealing crucial information about family assets in the election affidavit
- Court action
- The Telangana High Court took up the nearly three-year-old petition
- Election Commission position
- The Election Commission reportedly undertook to withhold the poll notification until the High Court disposes of the petition
- Relevant precedent
- On July 25, 2023, the High Court declared Kothagudem MLA Vanama Venkateswara Rao’s election invalid and named nearest rival Jalagam Venkat Rao as MLA; the Supreme Court later stayed the order
Quotes
An official from the Election Commission of India
An Election Commission official speaking anonymously about the case
“The precedents also show that the cases took years to reach finality. The HC took five years to decide on Jalagam’s petition. In the present case also, Vijaya Reddy filed a petition almost three years ago”
deccanchronicle.com
“There are a lot of ifs and buts but there is a possibility of Vijaya Reddy becoming the MLA”
deccanchronicle.com
Sources
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