Supreme Court Seeks BRS MLA Kova Laxmi's Response On Congress Candidate's Plea Challenging Her Election In Telangana Assembly Polls

The Supreme Court recently issued notice on Congress leader Ajmera Shyam's plea challenging dismissal of his election petition against BRS leader Kova Laxmi, who was the returned candidate in the 2023 Telangana Assembly elections.

A bench of Justices Surya Kant and Ujjal Bhuyan passed the order on a statutory appeal preferred by Ajmera Shyam under Section 116A of the Representation of the People Act, against Telangana High Court's dismissal of his election petition.

At the outset of the hearing, the bench expressed some reservation about entertaining the petition. "India has a political vision, as part of democratic values...we are visioning to have reservation for women...it's for lawmakers to decide whether 10%, 20% or whatever...but, in existing framework, where women are able to win the elections, that too with such thumping majority (about 23000 votes), why should we entertain?" remarked Justice Kant.

In response, Senior Advocate Dama Seshadri Naidu, for Ajmera Shyam, contended that the Kova Laxmi had been an MLA before as well and was well-versed with the requirements of nomination. Yet, there was suppression. He further urged that the instant case being a statutory appeal under Section 116A was the final resort available to the petitioner.

Advocate P Mohith Rao, for Kova Laxmi, on the other hand, submitted that there was no suppression. He contended that there was a typographical error in the affidavit filed alongwith nomination.

Upon hearing the counsels, the Court issued notice and asked Kova Laxmi's counsel to file a short affidavit.

Briefly put, Ajmera Shyam and Kova Laxmi contested in the 2023 Telangana Assembly elections from the Asifabad Assembly Constituency (ST). While Kova Laxmi secured 83,036 votes, Ajmera Shyam received 60,238 votes. Accordingly, Kova Laxmi was declared the returned candidate.

Subsequently, Ajmera Shyam filed an election petition before the Telangana High Court, claiming that Kova Laxmi filed her nomination along with Form-26 affidavit, but the same was incomplete and defective. As per claims, Ajmera Shyam's agent raised an objection with the Returning Officer regarding the non-submission of Income Tax Returns by Kova Laxmi for the preceding four years (prior to 2022-23), but the same was rejected.

His case was that Kova Laxmi was elected as Zilla Parishad Chairman of Komram Bheem Asifabad District in 2019 and was drawing a monthly honorarium of Rs. 1 lakh per month (i.e., Rs. 12 Lakh annually) till 2023. However, in her nomination for Telangana Assembly elections, she showed her income as 'NIL' for the years 2017-18, 2018-19, 2019-20, 2020-21 and 2021-22, and did not submit Income Tax returns for 4 years (2018-19, 2019-20, 2020-21, 2021-22). This amounted to suppression of information and commission of a 'corrupt practice'.

After going through the material and judicial precedents, the High Court was of the view that non-mentioning of 4 years of ITRs (prior to financial year 2022-23) by Kova Laxmi in the affidavit in Form 26 was not substantial in nature and her election could not be set aside on the said ground, particularly when she had disclosed her PAN number, details of bank accounts, deposits/assets/liabilities including movable and immovable etc.

Against the High Court's order, Ajmera Shyam moved the Supreme Court.

The petition has been filed through Advocate-on-Record Somanadri Goud Katam.

Case Title: AJMERA SHYAM Versus KOVA LAXMI AND ORS., C.A. No. 13015/2024