The Kerala High Court on Friday set aside the election of K.M. Shaji of the Indian Union Muslim League (IUML) from the Azhikode Assembly constituency for having indulged in corrupt practices in the election.
The court also disqualified Mr. Shaji from contesting in the election for six years.
The court declared his election void as it found that he had committed corrupt practices under Section 123 (3) and 123 (4) of the Representation of the People’s Act 1951.
Justice P.D. Rajan, while passing the order, also directed Mr. Shaji to pay a litigation cost of ₹50,000 to Nikesh Kumar, the defeated CPI(M) candidate who challenged the election.
The court, however, stayed its verdict for two weeks to enable Mr. Shaji to file an appeal before the Supreme Court. The stay was granted on the condition of his paying ₹50,000 to Mr. Kumar.
The court declined the plea of Mr. Kumar to declare him elected.
The court found that the pamphlets containing communal statements were circulated among the voters of the constituency with the consent of the candidate or agent and that he appealed to the voters to bless him because he belonged to the Muslim community and not to vote for a non-Muslim candidate.
The court observed that appeal by the candidate or his election agent or any other person with the consent of the candidate for voting him on the basis of his religion amounted to corrupt practice under Section 123 (3) of the Representation of the People Act.
In his petition, Mr. Kumar had alleged that an appeal was made to Muslim voters by Mr. Shaji, his agents and other persons to vote for him on religious grounds. Pamplets were circulated asking them not to vote for a candidate who was not a believer of Islamic faith and not a member of Muslim community. Another pamphlet was circulated with an aim to lower his reputation.