Telangana High Court stays case against BJP leader Madhavi Latha accused of interfering with elections

The Telangana High Court recently stayed criminal proceedings against BJP leader and Hyderabad Lok Sabha candidate Madhavi Latha in a case stemming from election day misconduct in 2024.

Justice J Sreenivas Rao directed that all further proceedings in the case pending before the magistrate court shall remain suspended until the High Court examines the matter further.

"Taking into consideration the above submissions, this Court is of the view that detailed examination is required for adjudication of the case...Till such time, there shall be an interim stay of all further proceedings against the petitioner/accused," the order states.

The Court also imposed a condition on the continuation of this relief, stating,

"In default of filing proof of service by the next date of hearing, the interim stay granted shall stand vacated."

The case arises from incidents reported on May 13, 2024, when polling for the Lok Sabha elections was underway in Telangana.

Latha was booked after a video surfaced showing her interacting with burqa-clad women voters at a polling booth in Hyderabad. In a clip, she was seen trying to verify the voters' identities by asking them to reveal their faces and produce identification documents.

The footage triggered controversy, following which police registered a case under provisions relating to interference with the electoral process, obstruction of public servants and promoting disharmony, along with offences under the Representation of the People Act.

Later the same day, a separate case was registered against her in connection with an incident at a police station. According to the complaint, two individuals were detained for allegedly carrying dummy electronic voting machines bearing party symbols.

Latha is accused of entering the police station, confronting officers and taking away both the individuals and the seized materials. Police subsequently invoked additional charges relating to obstruction and interference with lawful custody.

The incidents formed part of a broader series of controversies during the 2024 election period, including earlier allegations linked to remarks and conduct during campaign events.

Latha had challenged these criminal cases pending before a Hyderabad magistrate. Her counsel argued that even if the complaint and charge sheet are taken at face value, the essential ingredients of the offences invoked - including obstruction of a public servant and provisions under election law - were not made out.

It was further contended that Latha had merely raised objections regarding the identity of a voter and had not interfered with any official function. The defence also pointed out that the concerned voter did not file any complaint and that the case was instead initiated by a police official.

A legal challenge was also raised in the petition concerning the procedure adopted by the police. In this case, it was submitted, the police had proceeded without obtaining prior judicial approval as required by law, rendering the investigation invalid.

The petition also alleged that the magistrate took cognizance of the case mechanically, without recording adequate reasons.

Taking note of these submissions, the High Court observed that the matter requires detailed examination and halted the trial court proceedings in the interim.

The High Court will take up the matter again on September 1, after the complainant files a response.

Latha was represented by Senior Advocate T Niranjan Reddy and Advocate Kailash Nath PSS.

[Read order]