Justice M.M. Sundresh, Justice N. Kotishwar Singh , Supreme Court of India Today, the Supreme Court pronounced judgement in an appeal challenging BRS MLA Kova Laxmi’s election in Telangana Assembly Polls and held that non-disclosure of Income Tax

Home / Court Updates / Supreme Court Non Disclosure Of Income In ITR For 4 Financial Years Not A Substantial Defect: Supreme Court Dismisses Appeal Challenging BRS MLA Kova Laxmi’s Election In Telangana Assembly Polls The Supreme Court said that disclosure of assets and education qualifications are considered supplementary requirements to strengthen the Electoral process. ByPridhi Chopra|14 Aug 2025 12:15 PM Justice M.M. Sundresh, Justice N. Kotishwar Singh , Supreme Court of India Today, the Supreme Court pronounced judgement in an appeal challenging BRS MLA Kova Laxmi’s election in Telangana Assembly Polls and held that non-disclosure of Income Tax Return for four financial years is not a substantial defect to nullify her election. The Bench of Justice M.M. Sundresh and Justice N. Kotiswar Singh observed, “As we have held that the defect of non-disclosure…is not of substantial nature for the same reason Respondent no. 1(Kova Laxmi) cannot be said to be indulged in a corrupt activity within the meaning of Section 123(2) of the Act. Thus, the election of Respondent no. 1 cannot be rendered void…” At the outset, Justice Singh read the judgment and said, “Aiming to prevent criminals from participating in elections maintain purity in election process is essential for the proper functioning of the Parliament democracy…” Also Read – Supreme Court Adjourns Plea Against Execution Of Nurse Nimisha Priya In Yemen After Petitioner Says There Is No Urgency Congress Candidate, Ajmera Shyam and Kova Laxmi contested in the Telangana Assembly elections in 2023 from the Asifabad Assembly Constituency (ST), wherein Laxmi secured 83,036 votes and Ajmera Shyam received 60,238 votes. Consequently, Kova Laxmi was declared elected. Subsequently, Ajmera Shyam filed an election petition before the Telangana High Court, claiming that Kova Laxmi filed her nomination along with Form-26 affidavit, but the same was incomplete and defective, but the same was rejected. Later, an appeal was filed by Ajmera Shyam before the Supreme Court and it was held, “However, the Court has made a settle distinction between non-disclosure of criminal antecedents and… assets, educational qualification.” The Supreme Court observed that disclosure of assets and education qualifications are considered supplementary requirements to strengthen the Electoral process. Also Read – Supreme Court Seeks Centre’s Response On Plea For Restoring JK’s Statehood Subsequently, the Supreme Court held, “In the light of the above, disclosure requirement as far as assets and educational qualifications are concerned should be so strict to invalidate an otherwise validly declared election over minor technical non-compliances…and cannot be the basis of nullification.” Therefore, in the light of the facts and circumstances, the Supreme Court held that non-disclosure of income in Income Tax Return for four financial years by Kava Laxmi was not a defect of substantial character. “Therefore, the nomination could not have been rejected under Section 36(2) of the Representation of People’s Act, 1951 as contended by the Appellant”, the Court observed. Resultantly, the Court observed that the penal clause cannot be invoked to invalidate the Laxmi’s election on the ground that the Laxmi was improperly accepted. Further, the Court pronounced, “As we have held that the defect of non-disclosure…is not of substantial nature for the same reason Respondent no. 1(Kova Laxmi) cannot be said to be indulged in a corrupt activity within the meaning of Section 123(2) of the Act. Thus, the election of Respondent no. 1 cannot be rendered void…” Accordingly, the Appeal filed by the Congress Candidate Ajmera Shyam was dismissed by the Supreme Court. Cause Title: Ajmera Shyam V. Kova Laxmi & Ors. (C.A. No. 13015/2024 XII-A) Justice MM SundreshJustice N. Kotiswar Singh Pridhi Chopra Pridhi Chopra was earlier practicing as an Advocate in Delhi. She pursued B.A. (H) English from Gargi College, University of Delhi, and subsequently pursued a degree in Law. Next Story Supreme Court Adjourns Plea Against Execution Of Nurse Nimisha Priya In Yemen After Petitioner Says There Is No Urgency A PIL was filed by Save Nimisha Priya International Action Council, seeking diplomatic intervention to save the life of Nimisha Priya, who has been sentenced to death penalty in Yemen. ByPridhi Chopra|14 Aug 2025 2:00 PM Today, the Supreme Court adjourned the PIL filed by Save Nimisha Priya International Action Council for diplomatic intervention to save the life of Nurse Nimisha Priya, for eight weeks after the Petitioner submitted that there was no urgency in the matter. Nimisha Priya was working as a Nurse in Yemen for more than a decade and was sentenced to death for the murder of a citizen of Yemen. Earlier, on July 18, 2025, the Supreme Court said that the Government of India will decide the issue on its own merits. The Bench of Justice Vikram Nath and Justice Sandeep Mehta adjourned the matter based on the submission of the Petitioner. The Counsel appearing for the Save Nimisha Priya International Action Council, an organisation formed to assist Nimisha Priya and her family, submitted that the Court may list it after four weeks as there is no urgency at the moment. Accordingly, the Supreme Court adjourned the matter to be listed after eight weeks. Background On July 14, 2025, the Supreme Court said that let the conversation be informal with regard to settling the blood money with the family of the deceased. “We don’t want these communications to come in public…they may unsettle the matter…the options are here, the AG is already there, the Government is supporting, making all the efforts. So, let it be an informal communication. There isn’t anything to brought on record”, said the Bench of Justice Vikram Nath and Justice Sandeep Mehta. A PIL was filed by Save Nimisha Priya – International Action Council, an organisation formed to assist Nimisha Priya and her family. Nimisha Priya was working as a Nurse in Yemen for more than a decade, however, her husband and minor daughter returned to India in 2014 due to civil war in Yemen. Nimisha has been convicted for the murder of a citizen of Yemen, named Talal Abdo Mahdi. It is the case of the organisation that Mahdi had abused and harassed Nimisha Priya, forged documents to claim that she had been married to him and also seized her passport. On the suggestion of warden of local Jail, Nimisha gave sedatives to Mahdi to retrieve her passport, however, due to overdose of drugs, Mahdi died. The trial court sentenced her to death and her appeals to the first appellate court and the Supreme Judicial Council of Yemen were dismissed. However, the option of ‘blood money’ was kept open by the first appeal court, wherein, Nimisha can gain pardon from the family of the deceased by paying blood money to the family in accordance Shariah Law. Cause Title: Save Nimisha Priya International Action Council V. Union Of India And Anr (W.P.(C) No. 649/2025 PIL-W) Justice Vikram NathJustice Sandeep Mehta Pridhi Chopra Pridhi Chopra was earlier practicing as an Advocate in Delhi. She pursued B.A. (H) English from Gargi College, University of Delhi, and subsequently pursued a degree in Law. SIMILAR POSTS Supreme Court Supreme Court Adjourns Plea Against Execution Of Nurse Nimisha Priya In Yemen After Petitioner Says… Supreme Court Supreme Court Seeks Centre’s Response On Plea For Restoring JK’s Statehood Supreme Court Mohan Lal Case Overruled; Law As Available Today Is To Be Applied: Supreme Court Sets Aside… Supreme Court Supreme Court Reserves Order On Stray Dog Issue, Says Problem Due To Inaction Of Local Authorities About Verdictum About Us Our Team Privacy Policy Terms of Use Contact Us Write for Us Social Media Find Lawyer Advertise with Us Newsletter © Copyright 2025Powered by Hocalwire

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