High Court refuses to delete Sobha's name
HYDERABAD: The High Court declined to pass any direction to the Election Commission on the latter's decision to retain the name of deceased YSRC leader B Shobha Nagi Reddy as a contesting candidate for Allagadda Assembly segment in Kurnool district.
The court served notice to the EC for filing counter in the house motion petitions. Shobha Nagi Reddy died in a ghastly road accident near Allagadda on April 24.
Assembly elections in Seemandhra region are scheduled to take place on May 7. Petitioners B Harshavardhan Reddy and J Vinod Kumar Reddy, residents of Kurnool district, moved the petitions separately before a division bench seeking a direction to the election authorities to delete the name of Shobha. They questioned the wisdom behind retaining the name of a deceased person.
Petitioners' counsel MS Prasad questioned the legal validity of the statement given by the Central Election Commission officials, who said in the event of Shobha's victory in the polls, they would declare her as the winner first and then hold a byelection for the same constituency.
He contended that the votes polled by Shobha Nagi Reddy will not be valid as per law since the political party which she represents is not a recognised one.
Avinash Desai, counsel representing the Election Commission, said it would not be possible for the commission to remove the name of a contesting candidate once announced officially.
Citing a Supreme Court judgment, he said courts cannot intervene after the election notification. Hence, the present petitions are not maintainable, he added.
After hearing both the parties, the bench comprising Justice R Subhash Reddy and Justice A Shankar Narayana gave notice to the Election Commission of India asking it to state its position on the matter by filing a counter affidavit.
Agreeing with the argument of the counsel for EC, the bench refused to intervene in the process of election at this stage. It, however, said the election result would be subject to the final outcome of the case and adjourned the case.
News Posted: 2 May, 2014
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