HYDERABAD: In a setback to TDP MLA K Eranna from Madakasira Assembly constituency in Anantapur district of AP, the Hyderabad High Court on Tuesday set aside his election from the said constituency for failing to mention in the election affidavit the case details pending against him and that his wife was a government employee. The Court declared the petitioner M Thippe Swamy as an MLA elected from Madakasira segment.
Failure to disclose the required details in the election affidavit amounts to suppression of facts. As per the provisions of the Representation of People’s Act, the person concerned was not eligible to continue as MLA, the court noted.
Justice T Sunil Chowdary was allowing the election petition filed by M Thippe Swamy with a plea to declare the election of Eranna from Madakasira segment as illegal.
In the 2014 general elections, Thippe Swamy contested from Madakasira segment on YSRC ticket and lost to Eranna who contested on TDP ticket. In June 2014, he filed a petition before the High Court against Eranna’s election stating that the latter had failed to mention the details relating to pending criminal case and the fact that his wife was a government employee.
Eranna submitted that non-disclosure of details was not intentional, but it was a mistake committed by the persons who have filled the nomination papers. In fact, the TDP has given the B-form to him in the last minute, hence could not see whether all details were mentioned in the affidavit. Eranna submitted that his wife was an employee at the time of issue of election notification, but later resigned to the job. Hence, his wife’s details were not mentioned in the affidavit, he added.
Referring to the case pending against him, Eranna said that it was a case registered against him at Kodugu police station in Karnataka in 2002 and it does not come under the purview of the Representation of People Act.
After hearing the case, Justice Sunil Chowdary, refused to consider the arguments of Eranna. He said as per provisions of the Act, every candidate has to disclose all the required details in the election affidavit at the time of filing nomination papers. Failure to mention such details amounts to suppression of facts. As per the Act, the judge set aside his elections and allowed the petition by declaring Thippe Swamy as MLA elect from seat.
