EC tells High Court no Khairatabad bypoll notification until election petition against Danam Nagender is decided

Hyderabad: The Election Commission of India has made it clear that it will not issue the notification for a bypoll to the Khairatabad Assembly constituency until the High Court decides the election petition challenging the election of MLA Danam Nagender. The counsel for the Election Commission told the High Court that the constituency cannot be treated as a “casual vacancy” while the petition is pending, and that there are Supreme Court judgments to this effect. The bench directed the Election Commission to file its stand in the form of an affidavit and adjourned the next hearing to October 6.

Though Danam Nagender has been disqualified under the Tenth Schedule, an election petition filed in 2024 challenging his victory in the 2023 election is pending before the High Court. Congress leader Vijaya Reddy, daughter of former minister Janardhan Reddy, filed a lunch motion petition on Thursday seeking directions that no bypoll be held for Khairatabad until the election petition is decided. A bench comprising Chief Justice Aparesh Kumar Singh and Justice Vakiti Ramakrishna Reddy took up the matter.

Arguing for the petitioner, senior advocate Vedula Venkataramana said the Election Commission had declared BRS candidate Danam Nagender the winner over Vijaya Reddy, who contested as the Congress candidate in the 2023 Assembly elections. He said she had filed the election petition contending that Danam’s election was illegal and seeking that it be set aside and that she be declared the MLA. He argued that under Sections 84, 98(c) and 101(b) of the Representation of the People Act, Khairatabad cannot be treated as a vacant seat, nor can a bypoll be announced, until a final decision is given on the petition.

Senior advocate Avinash Desai, appearing for the Election Commission, said a constituency cannot be treated as a casual vacancy while an election petition is pending, citing Supreme Court judgments on the issue. He clarified that despite Danam’s disqualification, the bypoll notification will not be issued until the election petition is decided. After hearing both sides, the bench directed the Election Commission to file an affidavit setting out its stand in full detail.

Petition alleges non-disclosure of wife’s assets

In her election petition, Vijaya Reddy alleged that Danam Nagender concealed key information in the Form 26 affidavit he submitted with his nomination. She objected that he did not disclose the assets of his wife and failed to fully furnish the information required under election rules, contending that the non-disclosure of assets held in his wife’s name amounts to a violation of the election code of conduct.

She also alleged that money was distributed to voters to influence them during the election. Citing the alleged concealment of information in the affidavit and alleged corrupt practices and irregularities in the election, Vijaya Reddy has sought that the High Court declare Danam Nagender’s election void and declare her the MLA.