Kerala HC Dismisses Election Petition Moved By CPI(M) Candidate M Swaraj Challenging 2021 Election Of Congress Candidate K Babu From Tripunithura Constituency

Justice P.G. Ajithkumar dismissed the petition moved by Swaraj alleging that the election was vitiated by corrupt practices under the Representation of People Act for allegedly making appeals in the name of Lord Sabarimala Ayyappa.

The petitioner was a candidate for the Tripunithura Assembly Constituency and the respondent was his rival candidate and a nominee of the Indian National Congress party. In the elections held in April 2021, the respondent was elected as MLA from the Tripunithura constituency.

The election petition specifically alleged that approximately 70% of the voters in Tripunithura are believers of Lord Sabarimala Ayyappa. Considering this, the respondent appealed to several voters to vote for him in the name of Lord Sabarimala Ayyappa and said that failure to vote for him would cause displeasure for Lord Ayyappa.

It was also alleged that the distribution of pamphlets door to door by the respondent and his allies containing a photograph of Lord Sabarimala Ayyappa along with their election symbol would amount to corrupt practice.

Thus, the petitioner stated that direct or indirect interference with the free exercise of the electoral right of voting of Lord Sabarimala Ayyappa devotees at the Tripunithura constituency by convincing them that they are casting vote in favour of the Lord constitutes corrupt practice.

The petitioner approached the High Court praying for an order setting aside the election on the ground that he indulged in corrupt practices by interfering with the free exercise of electoral rights of the devotees of Lord Sabarimala Ayyappa. It was also prayed that the petitioner be declared as the returned candidate in the aforementioned elections to the Kerala Legislative Assembly.

Proof Beyond Reasonable Doubt Indispensable In Election Petitions: Kerala High Court Dismisses Plea Moved By CPI(M) Candidate M Swaraj

Citation: 2024 LiveLaw (Ker) 239

Case title: Adv. M. Swaraj V K. Babu

Case number: El.Pet. 8/ 2021

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