Hyderabad: The Telangana High Court has decided that the serious allegations of electoral irregularities raised against Jubilee Hills BRS MLA Maganti Gopinath will proceed to a full trial. The court dismissed an interlocutory application filed by Gopinath, who had sought to have the election petition filed by Congress candidate Mohammed Azharuddin struck down at the outset.
Gopinath argued that Azharuddin’s petition lacked merit and should be dismissed immediately, but the court found that the issues raised required a separate and detailed examination.
Justice K Lakshman, presiding over the matter, observed that the allegations made in Azharuddin’s petition are triable in nature and supported by documentary evidence.
The court stated that such claims cannot be dismissed at the threshold without proper adjudication of facts.
Azharuddin’s PIL alleges several electoral malpractices
Azharuddin’s petition alleges several electoral malpractices, including malfunctioning and unauthorised replacement of electronic voting machines (EVMs), mismatched serial numbers between EVMs and Form 17C (which records votes polled), and tampering or missing seals in 26 machines.
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He also contended that the returning officer failed to take action despite written complaints submitted on December 3, 2023, and January 2, 2024.
The petition was supported by documents such as gazette notifications, Form 26, and lists of defective EVMs. In response, Gopinath argued that Azharuddin had not identified specific polling booths or machines where the alleged irregularities occurred.
However, the court disagreed, noting that the allegations were sufficiently specific and required factual determination through a full trial.
HC previously dismissed Azharuddin’s petition
It is noteworthy that the High Court had previously dismissed Azharuddin’s petition in September 2024, but the Supreme Court later set aside that order in March 2025 and remitted the case back to the High Court for fresh consideration.
Justice Lakshman also referenced a separate election petition filed by a voter, V Naveen Yadav, which alleged suppression of material facts by the BRS MLA, though those issues are not part of Azharuddin’s case.
Relying on established legal precedents, the court emphasised that at the preliminary stage, it must only assess the pleadings and documents submitted with the petition to determine whether the matter deserves to proceed.
Ultimately, the court concluded that Azharuddin’s petition discloses a valid cause of action and raises substantive questions of fact and law that cannot be summarily dismissed. As a result, a full-fledged trial will now follow to examine the veracity of the claims made.
