Kerala High Court Deletes ECI As Party In Plea Challenging Minister Suresh Gopi's Election To Lok Sabha
The Kerala High Court on Tuesday (December 17) recalled its earlier order allowing impleadment of Election Commission of India in a petition challenging the election of Minister of State for Petroleum and Natural Gas and BJP MP Suresh Gopi from the Thrissur constituency in the 2024 Lok Sabha Elections.
The election petition was filed by AIYF Thrissur District President, Binoy A. S. alleging that the actor had indulged in many corrupt practices as given under Section 123 of Representation of People Act during his election campaign time.
The ECI had earlier moved a plea before the High Court seeking release of EVMs used in the Parliamentary Election of Thrissur constituency. They had submitted that this was necessary to meet the inadequacy of EVMs in the upcoming elections in the country. It had also moved a plea seeking impleadment in the matter. The court had on November 26 permitted the poll body's impleadment.
During the hearing on Tuesday, Justice Kauser Eddapagath recalled his November 26 order after Senior Advocate K. Ramakumar who appeared on behalf of Suresh Gopi argued that as per the directions of Supreme Court in Jyoti Basu and Others v Debi Ghosal and Others (1982), the Election Commission cannot be made a party to an election petition.
The Court ordered that it would consider the matter of return of EVMs on merit without retaining ECI as a party.
Case Title: Binoy A. S. v Suresh Gopi
Case No: El.Pet. 1/ 2024