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P.C. Thomas’ election set aside

J. Venkatesan

Supreme Court upholds judgment of the Kerala High Court

P.C. Thomas says he will file a review petition.

New Delhi: The Supreme Court on Friday upheld a judgment of the Kerala High Court setting aside the election of P.C. Thomas, former Member of Parliament from the Muvattupuzha constituency.

The High Court while setting aside the election of Mr. Thomas, former Union Minister of State for Law and Justice in the NDA government, also declared elected his nearest rival candidate P.M. Ismail of the CPI(M) since Mr. Thomas had won the seat by a margin of 529 votes.

The court in November 2006 had admitted the appeal filed by Mr. Thomas and had stayed the operation of the judgment dated October 31, 2006. A Bench comprising Justice D.K. Jain and Justice R.M. Lodha on Friday upheld the High Court verdict.

The Bench held that there was prima facie evidence that Mr. Thomas had committed corrupt practice under Section 123(3) of the Representation of the People Act (RP Act) by appealing to the electorate to vote for him on the ground of his community and hence it agreed with the High Court’s judgment that his election was invalid.

On the High Court’s finding on the issue of alleged corrupt practice in hiring or procuring vehicles free of charge to the electors to go to and from the polling booths under Section 123(5) of the RP Act, the Bench said it was not inclined to give any finding since it had prima facie held that Mr. Thomas had committed a corrupt practice within the meaning of Section 123 (3) of the RP Act.

Mr. Thomas had maintained that the High Court had not examined any witness and there was no evidence to the charges alleged. He submitted that 75 per cent of the voters in the constituency were Christians and any appeal based on religion was bound to have an impact on the voters.

The impugned judgment was completely contrary to the fundamental principles in election law both regarding pleadings and proof. It was based on discrepant evidence, conjectures and surmises, Mr. Thomas had said. The Supreme Court, however, rejected his contentions and confirmed the order setting aside his election.

Thomas to study verdict

Special Correspondent writes from Kochi: Reacting to the apex court verdict, Mr Thomas said he would consider filing a petition seeking to review the Supreme Court verdict upholding the Kerala High Court declaration that his election from Muvattupuzha Lok Sabha constituency in 2004 was invalid. He said he would have to consult his lawyer and study the verdict before making any further statement on the issue.

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