Kerala   

Apex court stays verdict quashing MLA’s election

NEW DELHI: The Supreme Court on Monday stayed the operation of a Kerala High Court judgment setting aside the election of CPI(M) candidate M.J. Jacob to the State Assembly from the Piravom constituency on the ground that his election agent had committed a corrupt practice.

He defeated his nearest rival and former Kerala Water Resources Minister, T.M. Jacob, in the election held on April 29, 2006, by a margin of 5,150 votes.

A vacation Bench of Justice C.K. Thakker and Justice L.S. Panta stayed the May 6 judgment and issued notice to the respondents, A. Narayanan and others. The Bench, after hearing senior counsel Shanthi Bhushan for the appellant and senior counsel U.R. Lalit for Mr. Narayanan, said Mr. M.J. Jacob would be permitted to take part in the proceedings of the House but he would not vote or draw emoluments.

The High Court had passed the order on an election petition filed by Mr. Narayanan from Koothattukulam. It held that Mr. M.J. Jacob and his election agent committed corrupt practices under Section 123 (4) of the Representation of the People Act, 1951, by publishing and distributing pamphlets containing false personal allegations. Therefore, his election was void. Assailing the High Court order, Mr. M.J. Jacob said the High Court had failed to note that the election petition was filed not by the rival candidate but only by a voter.

Further, he had not consented to the printing and circulation of any leaflets and that he had no role in the distribution of such pamphlets. If the judgment was allowed to stand, it would lead to far-reaching consequences. The end result would be stifling fair criticism of all kinds which was the essence of democracy.

He said the findings of the High Court were based on inferences and surmises. He said the allegation on distribution of pamphlets had not been proved by any reliable evidence. He said that no complaints were made against him or his agents by Mr. T.M. Jacob (defeated candidate) or his agents at any time during the election campaign. He sought quashing of the impugned judgment and an interim stay of its operation.

Printer friendly page  
Send this article to Friends by E-Mail

Stories in this Section

Apex court stays verdict quashing MLA’s election
Impasse over food scheme continues
Major role for Kudumbasree: VS
Next issue
Soak in the beauty of the hills
Pedal power
Probe into police officers’ role
Cabinet to decide on rice purchase
Experts inspect power house
Need for effective immunisation programmes
Taxes Department to be reformed soon
Exhibition of Kalari arms a big draw
‘Drastic cut in area under paddy farming’
Unheard voices
Youth Congress’ concern
The prices
CAMPUS NOTES
Campus Notes
Commemorating the Light of Asia

Copyright © 2008, The Hindu. Republication or redissemination of the contents of this screen are expressly prohibited without the written consent of The Hindu