Telangana High Court Clears Path for Ibrahimpatnam Municipality Elections
The Telangana High Court has vacated its earlier stay order, effectively clearing the way for elections to the chairman and vice-chairman positions of Ibrahimpatnam municipality. This decision came on Wednesday amid dramatic allegations of kidnapping and coercion involving a local councillor.
Court Disposes Habeas Corpus Petition
A division bench comprising Justices Moushumi Bhattacharya and G Praveen Kumar disposed of a habeas corpus petition after the councillor in question was produced before the court. The bench discontinued the stay that had been granted just one day earlier, thereby permitting the election process to continue without further delay.
"Elections should be meant for the public, not for such unfair politics," the court observed while bringing an end to the high drama that had surrounded these municipal polls.
Allegations of Kidnapping and Torture
The habeas corpus plea had sought the production of Akula Yadagiri, a BRS councillor who claimed he had been kidnapped. Yadagiri, who was elected on a BRS ticket, specifically accused former MLA Manchireddy Kishan Reddy and his son Prashanth Reddy of orchestrating his abduction.
Appearing before the court, Yadagiri provided disturbing details of his alleged ordeal. He claimed he had been confined to resorts in Ongole and Tukkuguda, where he was subjected to torture, denied adequate food, and stripped of his mobile phone. According to his testimony, these actions were intended to prevent him from contesting the chairman's position in the municipality.
Justice Kumar translated Yadagiri's Telugu testimony for Justice Bhattacharya during the proceedings. Special government pleader Swaroop Oorilla informed the bench that Yadagiri's statement to the amicus curiae indicated he had suffered both physical and mental torture allegedly at the hands of the former MLA and his son.
Conflicting Accounts and Legal Arguments
Counsel representing Kishan Reddy presented a starkly different version of events, vehemently denying all allegations. The defense contended that Yadagiri had voluntarily participated in the municipal council meeting and election proceedings. They argued that no formal complaint had been made to election authorities or police personnel present at the venue, despite ample opportunity to do so.
The defense further offered to produce video evidence supporting their claims and maintained that the BRS party enjoyed a clear majority in the municipality regardless of Yadagiri's individual vote. However, when directly questioned by the court, Yadagiri insisted he had been threatened and coerced by a rival faction within his own political party. He clarified that earlier statements to media outlets claiming voluntary participation had been made under extreme duress.
Court's Observations and Directions
Senior counsel L Ravi Chander, appearing for the vice-chairman candidate, submitted that the habeas corpus petition had become infructuous since Yadagiri had been produced before the court. In contrast, A Venkatesh, counsel for Yadagiri's son, argued that the election could not be considered free and fair given the alleged coercion that had occurred.
The bench carefully recorded all submissions while noting that although serious allegations had been raised regarding transparency and undue influence, such issues fell outside the limited scope of a habeas corpus petition. "The alleged lack of transparency in the proposed election is a matter which must be pursued in a different forum," the court observed in its ruling.
Protective Measures and Election Continuation
The High Court issued several important directions as part of its order:
- Set Yadagiri at liberty and directed both police authorities and individuals not to threaten or pressure him in any manner
- Ordered authorities to ensure the immediate return of his mobile phone
- Directed election authorities to issue Yadagiri his election winning certificate without delay, after he informed the court that he had not yet received this crucial document confirming his victory
Prior to appearing before the court, Yadagiri had been produced before amicus curiae A Ramakrishna Reddy at his residence in compliance with earlier judicial directions. This procedural step ensured proper documentation of his condition and allegations before the main court hearing.
The court's decision ultimately allows the Ibrahimpatnam municipality elections to proceed while acknowledging the serious nature of the allegations raised. The bench emphasized that while habeas corpus proceedings were no longer appropriate for addressing election transparency concerns, other legal avenues remained available for pursuing those matters separately.
