Supreme Court Stays Proceedings In Mohd Azharuddin's Plea Challenging BRS MLA Maganti Gopinath's Election To Telangana Assembly
Live LawThe Supreme Court recently stayed further proceedings in an election petition filed by Congress' Mohammed Azharuddin challenging the election of BRS leader Maganti Gopinath from Jubilee Hills constituency in 2023 Telangana Assembly elections.A bench of Justices Surya Kant and Ujjal Bhuyan passed the order, while issuing notice on Gopinath's plea challenging. The Supreme Court recently stayed further proceedings in an election petition filed by Congress' Mohammed Azharuddin challenging the election of BRS leader Maganti Gopinath from Jubilee Hills constituency in 2023 Telangana Assembly elections. A bench of Justices Surya Kant and Ujjal Bhuyan passed the order, while issuing notice on Gopinath's plea challenging Telangana High Court's rejection of his prayer to dismiss the election petition filed by Azharuddin. It observed in the impugned order as follows: "the petitioner herein - returned candidate filed the petitioner under Order - VII, Rule - 11 of CPC to reject the election petition contending that there is no cause of action and that respondent No.2 has not followed required procedure as contemplated under the provisions of the Act, 1951 etc., are questions of facts which cannot be considered in a petition filed under Order - VII, Rule - 11 of CPC, more particularly, cause of action is bundle of facts which can be considered only on conducting of full-fledged trial.