SC issues stay order on Gadwal BRS MLA Krishna Mohan Reddy Disqualification

In a big relief to BRS MLA Bandla Krishna Mohan Reddy, the Supreme Court on Monday, 11 September, stayed the Telangana High Court decision which set aside his election to the state Assembly on grounds of non-disclosure of moveable and immovable asserts in the affidavit he had filed at the time of 2018 election.

A bench comprising Justice Surya Kant and Justice Dipankar Datta stayed the 24 August high court order as the bench was told that the order under challenge was passed “ex-parte” without giving an opportunity to the BRS MLA from the Gadwal Assembly constituency to present his case.

Staying the high court order, the bench issued notices to the respondent, BJP leader DK Aruna — who was hoping to be sworn in as MLA after the high court order — and others.Aruna had contested the 2018 election as a Congress candidate and lost to Bandla Krishna Mohan Reddy.

Appearing for Bandla Krishna Mohan, advocate Mohith Rao, assisting senior advocate CA Sundram, and Narendra Hooda said that the Telangana 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 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 details of the two savings bank accounts — with ₹19,000 and ₹16,000 in them — Mohith Rao said, was not mentioned as Election Commission of India (ECI) had sought details of “deposits” in banks, which are different from live, operative saving bank accounts.

Soon after the Telangana High Court set aside the election of Bandla Krishna Mohan Reddy, Aruna, the national voce-president of the BJP, had, on 1 September, complained to the ECI against the state government for failing to administer the oath of office as MLA to her.On 4 September, in a major relief, the ECI asked the state government to publish the Telangana High Court’s order declaring her as the returned candidate (MLA) for the Gadwal Assembly constituency with effect from 12 December, 2018, in the Gazette Notification.