Concealing cases in affidavit is deception: AP High Court
VIJAYAWADA: Non-disclosure of criminal cases in an election affidavit amounts to electoral irregularities and deception, the High Court of Andhra Pradesh said on Friday while hearing a petition filed by TDP leader Vemireddy Pattabhirami Reddy against former MLC Yendavalli Srinivsulu Reddy.
Srinivasulu Reddy was the MLC from the Prakasam-Nellore-Chittoor Graduates’ Constituency representing the Progressive Democratic Front (PDF). The petitioner, who had unsuccessfully contested against Srinivasulu Reddy, maintained that the latter did not disclose the pending criminal cases registered against him in 2011.
In his judgement, Justice DVSS Somayajulu said Srinivasulu Reddy is liable for prosecution as per Section 125-A of the Representation of the People’s Act for not disclosing the pending criminal case against him in the affidavit.
He added Srinivasulu Reddy can be liable for imprisonment, penalty and can even be disqualified under various sections of the Act. As Srinivasulu Reddy’s tenure ended, the court said it will look only into issue of whether electoral irregularities were committed or not.
Pointing out that the Supreme Court had earlier made it clear that the public should be made aware of criminal cases registered against a contesting candidate through newspapers and television channels, the High Court said the issue in the case of Srinivasulu Reddy, an educated person, should be considered seriously as non-disclosure amounts to deception.
Justice Somayajulu said it was found that Srinivasulu Reddy intentionally resorted to electoral irregularity by not disclosing the pending criminal cases against him. Further, the High Court directed the Legislative Council Secretary to send the files related to the case to the President of India for necessary action as per Section 8A of the Representation of the People’s Act.