Kerala Congress Candidate Thomas Unniyadan Contests Election of Rival Candidate R Bindu From Irinjalakkuda Constituency Before Kerala High Court

Petitioner Thomas J Unniyadan was a Kerala Congress candidate contesting to the Kerala Legislative Assembly from the Irinjalakkkuda Constituency in the general election held on 6^th April 2021.

The result of the said election was notified on 3^rd May 2021 after counting votes. Consequently, R. Bindu was declared as the returned candidate from the aforementioned constituency.

The petition alleges that the respondent committed numerous corrupt practices u/s 123(2) and (4) of the Representation of People Act. It claims that she influenced the electors of the said Constituency to vote for her by portraying herself as a professor, when she was well aware that she was not.

The petitioner has also attached copies of notices, pamphlets, and posters which were circulated and displayed around the region soliciting votes by deceiving the voters into believing that she was a Professor.

It is contended that this conduct of the respondent was a premeditated attempt to persuade the voters to vote in her favour by resorting to misrepresentation. According to the plea, such conduct has hampered with the free exercise of the electoral right of the voters, thereby qualifying as a corrupt practice under the Act.

In addition, the petition also mentions that K.R Jojo with the consent of the respondent published and circulated notices falsely testifying to the corrupt character and conduct of the petitioner. It is alleged that such statements were deliberately distributed with the full knowledge that they were false, to prejudice the prospects of his election.

This has also been asserted to be a corrupt practice under the Act, for it had fatally influenced the results of the election according to the petitioner.

As a result, the petition challenged the aforesaid election of the respondent to the Irinjalakkuda constituency. Adv. Vincent K.C will be appearing on behalf of the petitioner before the Court.

A few weeks ago, CPI(M) candidate M Swaraj had also challenged the election of his rival K Babu in the previous general election. This matter is still pending before the High Court.

Title: Thomas J Unniyadan v. R. Bindu & Ors