The top court was told that the order under challenge was passed “ex-parte” without giving an opportunity to Bandla Krishna Mohan Reddy to present his case.
BRS MLA Bandla Krishna Mohan Reddy
In a major relief to BRS MLA Bandla Krishna Mohan Reddy, the Supreme Court on Monday stayed the Telangana High Court order setting aside his election to the state assembly on the grounds of the non-disclosure of moveable and immovable asserts in the affidavit he had filed at the time of 2018 state assembly election along with his nomination papers.
A bench comprising Justice Surya Kant and Justice Dipankar Datta stayed the August 24, high court order as the bench was told that the order under challenge was passed “ex-parte” without giving an opportunity to Bandla Krishna Mohan Reddy to present his case.
Staying the high court order setting aside his election, the bench issued notice to the respondent D K Aruna Arundhathi and others.
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Appearing for Reddy, advocate Mohith Rao assisting senior advocate C A Sundram and Narendra Hooda said that the high court did not give them an opportunity to present their case despite having filed two applications seeking an opportunity to be heard.
Mohith Rao said that the two grounds on which Bandla Krishna Mohan Reddy’s election was set aside included non-disclosure of agricultural land measuring 23 acres and details of the two saving accounts.
Mohith Rao said that the details of 23 acres of agricultural land that was owned by Bandla Krishna Mohan Reddy were not mentioned in the affidavit that was filed at the time of filing nomination in November 2018, as the same was sold by him by way of a registered sale deed in September 2018 itself.
The disclosure of the details of the two savings bank accounts – each having Rs.19,000 and Rs. 16,000 respectively, Mohith Rao said was not mentioned as Election Commission in the affidavit, filed along with the nomination papers, seeks the details of “deposits” in the bank which are different from the live operative saving bank account.
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