The Supreme Court of India has dismissed a civil appeal filed by Congress Candidate Ajmera Shyam, who had Questioned the Election of Bharat Rashtra Samithi (BRS) Leader Kova Laxmi from the Asifabad Assembly Constituency in Telangana. The Plea was based on the allegation that Laxmi failed to disclose her income details in the Affidavit Submitted with her nomination papers during the 2023 Assembly Elections, and therefore her election should be declared void.
Background of the Case
Kova Laxmi, Who earlier served as a Member of the Legislative Assembly from 2014 to 2018 and later as Chairperson of the Kumuram Bheem Zilla Parishad, contested the 2023 Telangana Assembly elections on a BRS ticket.
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The Polling took place on 30 November 2023 and the results were Declared on 3 December 2023. Laxmi secured 83,036 votes, while her rival Ajmera Shyam, the Congress candidate, polled 60,238 votes. Laxmi was declared elected with a margin of 22,798 votes.
After the results, Shyam approached the Telangana High Court through Election Petition No. 10 of 2024, claiming that Laxmi’s nomination was improperly accepted because she had not disclosed income received as honorarium during her tenure as Zilla Parishad Chairperson, and also pension as a former MLA. The High Court, however, dismissed the petition on 25 October 2024.
Appellant's Arguments
Shyam argued that in her Form 26 affidavit, Laxmi had shown "Nil" income for four financial years from 2018–2019 to 2021–2022. He said this was misleading because she was receiving ₹1,00,000 per month as honorarium and was also entitled to pension as an ex-legislator.
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He Submitted that this amounted to concealment of material facts and constituted a corrupt practice under Section 123 of the Representation of People Act, 1951. He also relied on Sections 33, 33A, 34 and 100 of the Act, contending that the failure to disclose income rendered her Election Void and that he should be declared the rightful winner.
Respondent's Defence
Kova Laxmi, in her counter, did not dispute that she had not mentioned income for the said years, but pointed out that she had fully disclosed her assets, PAN number, profession and sources of income. She argued that the omission was not substantial in nature and had no bearing on the election result.
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She also clarified that after becoming Chairperson of the Zilla Parishad she did not draw any ex-MLA pension. To support this, she produced a Non-drawal Certificate dated 20 June 2024, issued by the Assistant Secretary of the State Legislature.
Laxmi further stressed that her nomination papers had been duly scrutinised by the Returning Officer in the presence of all candidates and no objections were raised at that time. According to her, the petition therefore lacked merit.
A Bench headed by Justice Nongmeikapam Kotiswar Singh upheld the High Court order and ruled that the omission was not of such significance that the election itself should be invalidated.
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The Court observed:
"The will of the people expressed through the ballot cannot be lightly interfered with. Minor omissions or technical irregularities which do not materially affect the election cannot be a ground to set aside the result."
The Bench underlined that while disclosure of income and assets is important for transparency, such non-disclosure in this case could not be considered a corrupt practice or one that materially altered the mandate of the voters. Emphasising the principle of "Vox Populi, Vox Dei" (the voice of the people is the voice of God), the Court held that the democratic choice of the electorate must prevail unless there is clear proof of corrupt conduct.
Accordingly, the appeal filed by Ajmera Shyam was dismissed and Kova Laxmi’s election from Asifabad was upheld.
Case Title: Ajmera Shyam vs. Smt. Kova Laxmi & Ors.
Case Number: Civil Appeal No. 13015 of 2024
