HYDERABAD: In a last-minute intervention, Justice A Abhishek Reddy of the
Telangana high court
on Sunday came to the rescue of two GHMC poll candidates and stayed the returning officers’ orders rejecting their nominations and directed authorities to allow them to contest.
The judge passed these interim orders in two separate petitions filed by
Congress candidate Kuna Srinivas Goud
from Ward No 125 and
BJP’s Renu Soni from ward No 49. Since Sunday was the last day to finalise the candidates remaining in the fray, the aggrieved candidates moved urgent pleas and the judge heard it as house motions and passed the orders.
In the case of Kuna Srinivas, the returning officer had received a complaint that he has three children and, showing this as a reason, he passed an order rejecting his nomination.
The judge said that passing such unilateral orders without any inquiry and without even seeking the explanation of the candidate was unfair. He stayed the order of the returning officer and directed authorities to allow him to contest in the ongoing polls.
Similarly, in the case of Soni, her nomination from Ghansi bazar ward was rejected by the returning officer on the grounds that she has three children and that she does not belong to the BC community to which this ward was reserved. Hence, she was held to be not eligible to contest.
Her counsel explained to the court that the returning officer crossed his brief in deciding the matter because an election tribunal earlier dismissed similar pleas against Soni. “She was holding a valid BC certificate issued by the Tahsildar,” the counsel said.
Justice Abhishek Reddy in his order said that a returning officer cannot pass orders contrary to the order of an election tribunal. Only an appellate court can set aside such orders.