The Telangana High Court has asked the Election Commission of India to clarify whether a by-election can be held in Hyderabad’s Khairatabad Assembly constituency while a petition challenging the 2023 election result remains pending.
A Bench comprising Chief Justice Aparesh Kumar Singh and Justice Vakiti Ramakrishna Reddy directed the Election Commission to file a comprehensive affidavit setting out its position on the proposed bypoll. The hearing was adjourned to Tuesday, when the affidavit is to be placed before the court.
The direction followed a petition filed by Vijaya Reddy, the Congress candidate who contested the Khairatabad seat in the 2023 Assembly election. She has sought an order restraining the Election Commission from proceeding with a by-election until the pending election petition is decided.
Senior counsel Vedula Venkataramana, appearing for Reddy, told the court that Danam Nagender had been elected as the Khairatabad MLA in 2023 and was subsequently disqualified by the High Court in proceedings linked to alleged defection under the Tenth Schedule of the Constitution. The counsel argued that the resulting vacancy could not automatically be treated as an ordinary casual vacancy because the election petition concerning the original result was still before the court.
According to the submissions recorded during the hearing, proceeding with a fresh election before the earlier dispute is resolved could create legal consequences. The petitioner’s counsel referred to Sections 84, 98 and 101 of the Representation of the People Act and relied on judgments of the Supreme Court and the High Court in support of the request to defer notification of the bypoll.
The Election Commission’s senior counsel, Avinash Desai, placed before the Bench the legal position governing elections after a vacancy occurs. He also submitted that the pending election petition required consideration before any election process was initiated.
The court did not decide at this stage whether the by-election could proceed. Instead, it directed the Election Commission to specifically clarify whether the Khairatabad constituency could go to the polls while the election petition remained pending. The next hearing is scheduled for Tuesday, when the commission’s affidavit is expected to guide further proceedings.
