HC declares the election of K.M. Shaji empty


The High Court of Kerala on Friday canceled the election of KM Shaji of the Muslim League of the Indian Union (IUML) of the Azhikode Assembly constituency for delivering to the corrupt practices during elections.

The court also barred Shaji from voting for six years.

The court declared his election null and void because he had found corrupt practices under sections 123 (3) and 123 (4) of the 1951 Act on the Representation of the People.

Justice PD Rajan, while passing order, also ordered Mr. Shaji to pay a litigation cost of ₹ 50,000 to Nikesh Kumar, the successful candidate of the CPI (M) who had contested the election .

The court, however, suspended its verdict for two weeks to allow Mr. Shaji to appeal the decision to the Supreme Court. The suspension was granted provided he paid Mr. Kumar ¥ 50,000.

The court rejected Mr. Kumar's request to declare him elected.

The court found that the pamphlets containing the statements of the community had circulated among the voters of the constituency with the consent of the candidate or the agent and that he had urged the voters to bless him because he belonged to the Muslim community and did not vote for a non-citizen. Muslim candidate.

The court found that the appeal of the candidate or his election officer or any other person with the consent of the candidate to elect him on the basis of his religion was a corrupt practice within the meaning of section 123 (3) of the Law on the Representation of the People.

In his petition, Mr. Kumar alleged that Mr. Shaji, his agents and other people appealed to Muslim voters to vote for religious motives. Pamphlets were distributed asking them not to vote for a candidate who was not an Islamic religion believer or a member of the Muslim community. Another booklet was distributed in order to damage his reputation.