In a significant political and legal development, Bharat Rashtra Samithi (BRS) leader and former Jubilee Hills by-election candidate Maganti Sunitha has approached the Telangana High Court. She has filed a petition challenging the election of V Naveen Yadav as the Member of the Legislative Assembly (MLA) from the Jubilee Hills constituency.
Core Allegations: Suppression of Facts and Corrupt Practices
Sunitha's petition seeks to set aside the election result. She has asked the court to disqualify Yadav and declare her as the duly elected MLA instead. The by-election was necessitated following the death of the sitting MLA, Maganti Gopinath.
The crux of her legal challenge revolves around serious allegations against the winning candidate. Sunitha has alleged that Yadav's election was vitiated due to the suppression of material facts in his nomination papers. She claims he failed to disclose crucial details about his criminal antecedents in his election affidavit. This includes not mentioning First Information Reports (FIRs) filed against him and charges framed by courts.
The petitioner argues that this deliberate non-disclosure amounts to a corrupt practice under the existing election law framework. She contends that had these facts been known during the scrutiny process, Yadav's nomination would have been rejected outright.
Legal Grounds: Violations of Representation of the People Act
Beyond the criminal record issue, the petition levels further legal accusations. Sunitha alleges that Yadav did not submit mandatory declarations made to political parties, as required under the Representation of the People Act, 1951.
According to the petition, this failure constitutes non-compliance with specific sections of the Act, including Sections 33, 33A, 34, and 77. The petitioner's legal team argues that these violations alone render his election liable to be declared null and void by the court.
Accusations of Model Code of Conduct Breaches
The election petition paints a picture of widespread misconduct during the campaign. Sunitha has listed multiple alleged violations of the Election Commission's Model Code of Conduct by Yadav and his supporters.
The alleged breaches include:
- A criminal case registered at the Madhura Nagar police station concerning fake voter identity cards.
- Organising caste-based meetings to influence voters, which is prohibited.
- Failure to properly account for campaign expenditure as per election rules.
- Delivering inflammatory speeches that could disturb public order.
- The dramatic act of carrying a sword during the election campaign trail.
Sunitha's petition posits that in the absence of Yadav's candidacy, she would have stood a very strong chance of winning the seat with a substantial majority. The case is expected to be listed for hearing in the Telangana High Court in the coming days, setting the stage for a closely watched legal battle with significant political ramifications for the constituency.
