Huge setback to CPI-M; Kerala HC nullifies Devikulam Assembly election result
The court noted that A Raja does not belong to the Scheduled Caste/ Scheduled Tribe community. Therefore, he is not eligible to contest in the Scheduled Caste reserved constituency.
FollowErnakulam: In a major setback to the Communist Party of India-Marxist, the Kerala High Court has cancelled the result of the 2021 assembly election held at the Devikulam constituency. The High Court observed that MLA A Raja is ineligible to contest in the reserved seat and disqualified him. The court noted that A Raja does not belong to the Scheduled Caste/ Scheduled Tribe community.
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The action comes after hearing the petition filed by UDF candidate D Kumar who had lost the election. The petition pointed out that Raja, a Christian, had contested the election by showing false documents. D Kumar filed a petition alleging that A Raja, who is not a Scheduled Caste member, has no right to be elected from Devikulam, which is a Scheduled Caste reserved constituency.
In his plea, Kumar had alleged that Raja is a Christian, baptised at a church in the hill district, and submitted a fake certificate to prove that he belongs to the SC community. Kumar also cited the solemnisation of Raja's marriage at the church and other evidence that suggest his Christian faith.
What the court said
"A Raja cannot be said to belong to the Hindu sect. Raja's nomination itself should have been rejected by the Returning Officer. It is clear that Raja does not belong to the Hindu Paraya community. Therefore, he is not eligible to contest in the Scheduled Caste reserved constituency. Devikulam Raja's election win is therefore nullified," the court said.
The court directed to forward a copy of the order to the Election Commission, Assembly Speaker and the state government. The order also states that the cancellation of the election should be notified in the gazette.
Meanwhile, Kumar welcomed the court order to cancel A Raja’s election win. He also stated that the court accepted the evidence he gave that Raja was not a Scheduled Caste member. Raja defeated Kumar by a margin of 7,848 votes in the 2021 polls. With the disqualification of A Raja MLA, the strength of CPM members in the assembly reduces from 62 to 61. The ruling LDF alliance has the support of over 90 members in the state assembly.
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