The Supreme Court recently issued notice on a plea by Congress leader Ajmera Shyam challenging the dismissal of his election petition against BRS leader Kova Laxmi, the winning candidate from the Asifabad Assembly Constituency (ST) in the 2023 Telangana Assembly elections.
A bench comprising Justices Surya Kant and Ujjal Bhuyan entertained the statutory appeal under Section 116A of the Representation of the People Act, 1951, filed against the Telangana High Court’s dismissal of Shyam’s petition.
Petitioner’s Allegations
Ajmera Shyam alleged that Kova Laxmi’s nomination was invalid due to a defective Form-26 affidavit. Specifically, he argued that:
- Income Suppression: Laxmi falsely claimed her income was “NIL” from 2017-18 to 2021-22, despite earning Rs. 12 lakh annually as Zilla Parishad Chairman (2019-2023).
- Non-Submission of Income Tax Returns: She failed to file ITRs for four years preceding 2022-23, which Shyam claimed amounted to suppression of material facts and corrupt practice under the Act.
Telangana High Court’s Ruling
The Telangana High Court rejected Shyam’s petition, holding that:
The non-submission of ITRs and the “NIL income” declaration were not substantial defects that could affect the election’s validity. Laxmi had disclosed all other financial details, including her PAN, bank accounts, assets, liabilities, and deposits, in compliance with the law.
Supreme Court’s Observations
During the hearing, Justice Surya Kant remarked on the importance of women’s representation in politics, stating:
“India has a political vision of democratic values, aiming to increase women’s representation. Should we entertain such challenges where a woman wins with a 23,000-vote margin?”
Senior Advocate Dama Seshadri Naidu, representing Shyam, argued that the defect in Laxmi’s affidavit was substantial and warranted judicial intervention, emphasizing that the Supreme Court was the petitioner’s final resort under the law. Advocate P. Mohith Rao, appearing for Laxmi, refuted the allegations, stating that the omission was a typographical error and not deliberate suppression.
Outcome
The Supreme Court, while expressing reservations, issued notice to Kova Laxmi and directed her to file a short affidavit in responses.
Case Title
Ajmera Shyam v. Kova Laxmi and Ors., C.A. No. 13015/2024
The matter remains pending, with further developments awaited.
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