SC Restores Election Petition Against YSRCP MLA Peddireddigari Ramachandra Reddy [Read Judgment]
The Supreme Court has restored the election petition challenging the election of Yuvajana Shramika Rythu Congress Party (YSRCP) MLA Peddireddigari Ramachandra Reddy, which was dismissed in limine by the High Court of Judicature at Hyderabad for Telangana and Andhra Pradesh.
The high court had allowed two applications filed by the MLA seeking to strike out paragraphs 2 & 9 to 11 of the election petition and to dismiss the election petition in limine. The court had observed that paragraphs 2 & 9 to 11 of the election petition filed by one Madiraju Venkata Ramana Raju are frivolous and vexatious.
The Supreme Court bench headed by the Chief Justice of India Dipak Misra observed that the election petition plainly discloses the cause of action for the filing of the election petition to declare the election of respondent No.1 to be void on the ground of improper acceptance of his nomination.
Justice AM Khanwilkar, speaking for the bench, observed: “The approach of the High Court in considering the two applications is, in our opinion, manifestly erroneous, if not perverse. For, it has ventured into the arena of analysis of the matter on merit. That is a prohibited area at this stage. Since the conclusion reached by the High Court that the pleadings in paragraphs 2 and 9 to 11 of the election petition are frivolous and vexatious is untenable, it would necessarily follow that the election petition, as filed, will have to be examined as a whole without subtracting any portion therefrom. If so read, it is not possible to take a view that the same does not disclose any cause of action at all. On this finding, the application preferred by respondent no.1 for rejection of election petition in limine under Order VII Rule 11, cannot be countenanced and must also fail.”
The court also observed that paragraphs of the petition which the high court had struck out, plainly disclose the facts, which are material facts for adjudicating the grounds for declaring the election as being void, because of improper acceptance of his nomination form by the returning officer.
The bench, restoring the petition on the file of the high court, requested it to expeditiously dispose of the election petition preferably within three months.Read the Judgment Here