The High Court's verdict has been partially stayed until the next hearing in July.
New Delhi: The Supreme Court on Friday partially stayed the High Court verdict on the nullification of the election results in Devikulam. The top court's decision comes after Left Democratic Front (LDF) A Raja from Devikulam filed an appeal against his disqualification as Member of Legislative Assembly (MLA) by the High Court.
In the petition, A Raja stated that the High Court verdict is not based on the verification of the official documents. He also stated that his ancestors migrated to Kerala before 1950, and he married according to Hindu customs. Therefore, the Supreme Court should quash the High Court's verdict.
With the SC's order, Raja can participate in the assembly proceedings, however, he will not be entitled to cast a vote and receive allowances and remuneration. The High Court's verdict has been partially stayed until the next hearing in July.
The Kerala High Court had 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.
The High Court took the decision 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.
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.