Kerala High Court Refuses To Dismiss Election Petition Against Union Minister Suresh Gopi

The Kerala High Court on Wednesday (April 01) dismissed an interim application filed by Union Minister and actor Suresh Gopi seeking a declaration that the election petition filed against him over alleged corrupt practices was not maintainable.

The Court, however, struck off the allegation in the election petition over distribution of umbrellas by Gopi in the vegetable market and public places in Thrissur parliamentary constituency and said that Gopi shall face trial for other alleged corrupt practices. 

Dr. Justice Kauser Edappagath pronounced in open court:

"Thus, the upshot of the above discussion is that challenge to the maintainability of the election petition on all grounds raised by the petitioner must fail. Hence, the preliminary objection raised by the petitioner is overruled. It is held that election petition is not liable to be dismissed". 

"However, corrupt practice no. 4 regarding the distribution of...umbrellas in the vegetable market and public places in Thrissur parliamentary constituency in para 16 of the election petition is hereby struck off under Order 6 Rule 16 of CPC. The respondent (Suresh Gopi) shall face trial for other corrupt practices alleged in the election petition. IA is dismissed," the court added. 

Background

Binoy A. S., AIYF Thrissur District President, had challenged the election of Suresh Gopi as the Member of Parliament from Thrissur constituency. The petitioner alleged that the actor had indulged in many corrupt practices as mentioned under Section 123 of Representation of People Act and therefore, his election is to be declared void. 

In the 2024 Lok Sabha election, Suresh Gopi won from Thrissur constituency in the BJP ticket. He is now serving as the Minister of State for Petroleum and Natural Gas in the Union Ministry.

The petitioner alleged that the actor had promised monetary and other benefits for voters when the Model Code of Conduct was in place. The petitioner also alleged that the actor appealed for votes in the name of religion. The petitioner stated that many of these instances were openly put in the facebook page “BJP Thrissur”.

The petitioner also alleged that during the election campaign, there were flex boards installed which showed him wearing a shirt with the picture of Lord Krishna and Radha. In this regard, a complaint was filed and notice was sent to the election agent of the MP. However, they did not respond to those notices. The petitioner submitted that in some other flex boards, the phot of the actor, with Prime Minister Narendra Modi along with the Sree Rama Temple was used for campaigning. The petitioner alleged that in another instance, Shri A. P. Abdullakutty, one of the star campaigner for the actor gave a speech to the voters to vote keeping in mind Lord Sree Rama. The petitioner alleged that the Mr. Gopi was using religion to get votes.

Case No: IA 1/2025 in Election Petition No. 1 of 2024

Case Title: Binoy A.S. v. Suresh Gopi and Anr.