Challa Vamshi Chand Reddy vs D.K. Aruna @ Arundhathi & Ors.

This Court after considering submissions of both the parties, framed the following issues for consideration:-

Whether the 1^st respondent/returned candidate committed corrupt practices, as defined under Section 123 of the Representation of the People Act, 1951, by distributing gifts and other articles to children, staff and voters at the Red Cross Orphanage, Appannapally Village, Mahabubnagar Parliamentary Constituency, on 04.05.2024 during the subsistence of the Model Code of Conduct, and by using the said programme with a view to influence the electorate in her favour?

Whether the 1^st respondent violated the mandatory provisions of the Representation of the People Act, 1951, the Conduct of Election Rules, 1961 and the directions issued by the Election Commission of India by:

conducting election campaign in the premises of the Indian Red Cross Society;

using children in election-related activities; and

publishing such activities through print, electronic and social media during the election period?

Whether the 1^st respondent knowingly furnished false, incomplete or suppressed material information relating to her pending criminal cases and other mandatory particulars in Form No.26 and the nomination papers, in contravention of the Representation of the People Act, 1951, the Conduct of Election Rules, 1961 and the directions of the Election Commission of India, and if so, what is its legal effect on the validity of her election?

Whether the corrupt practices, electoral irregularities and statutory violations alleged against the 1^st respondent have materially affected the result of the election of the returned candidate within the meaning of Sections 100 (1)(b) and/or 100 (1)(d) of the Representation of the People Act, 1951?

Whether the Returning Officer of the said Assembly Constituency biased in favour of the respondent No.1?

Whether the petitioner is entitled to:

a declaration that the election of the 1^st respondent as the returned candidate from the 11-Mahabubnagar Parliamentary Constituency is void under Section 100 of the Representation of the People Act, 1951; and

a further declaration under Section 101 of the Representation of the People Act, 1951 that the petitioner has been duly elected as the Member of Parliament from the said Parliamentary Constituency?

What relief, if any, the election petitioner is entitled to?

Whether E.P is in conformity with Section 83(1)(a & b) of the Representation of People Act, 1951, since both the sets are not signed by respondent No.1 and not properly verified by enquiry in violation of Section 83(1) & (2) of Representation of People Act, 1951?

Whether cause of action for filing the present E.P is illusive?

Whether the allegation in the E.P does not disclose any corrupt practices or influence the voters in violation of modal code of conduct?