CPI(M) Candidate M Swaraj Moves Kerala High Court Challenging Election Of Congress Candidate K Babu From Thripunithura Constituency

The election petitioner, represented by Adv. P.K Varghese, was a candidate of the Tripunithara Assembly Constituency. The respondent was his rival candidate and a nominee of the Indian National Congress party.

Pursuant to the recent elections in the State held on 06.04.2021, the respondent was elected as an MLA from the said Constituency. The counting of votes on 02.05.2021 revealed that the respondent had secured 992 votes more than the petitioner.

The petition urged that the election of the respondent was vitiated by corrupt practices under several provisions of the Representation of People Act. It is contended that the election agents and other organizers of the respondent's election campaign aided in these corrupt practices.

The petition states that approximately 70% of the voters in Tripunithara are believers of Lord Sabarimala Ayyappa. Considering this, the respondent appealed to several voters to vote for him in the name of Lord Sabarimala Ayyappa, failure of which will lead to displeasure of Lord Ayyappa.

Some of the exact words used by the respondent are reproduced in the petition as follows:

"The contest is between Lord Sabarimala Ayyappa and Swaraj, I am the person who stands with the Lord Sabarimala Ayyappa, unless you cast your vote in favor of me, it is as good as in defeating lord Sabarimala Ayyappa."

It is alleged that such appeals were made during a house to house campaign by the respondent and his agents. A similar appeal to vote was also distributed door to door by the respondent and his allies through pamphlets containing a photograph of Lord Sabarimala Ayyappa along with their election symbol. It has also being highlighted that these slips do not disclose the name of the printer/publisher as mandated by the Act.

Another allegation in the election petition is that during the respondent's election campaign, claimed that the petitioner was not true to his Hindu religion and stood against the beliefs regarding Lord Sabarimala Ayyappa. This was purportedly announced in his speech through a mic attached to a huge sound bar on a vehicle. The petition also provides evidence of wall writings to this effect and witnesses of such acts.

Another facet of the petitioner's argument is that devotees of Lord Sabarimala Ayyappa do not constitute separate religious denomination. They are exclusively Hindus sharing common religious tenets with that of Hindu religion.

Such systematic appeals are alleged to have affected the election results materially, putting the election petitioner in a prejudiced position. The direct or indirect interference with the free exercise of electoral right of voting of Lord Sabarimala Ayyappa devotees at the Tripunithara constituency by convincing them that they are casting vote in favour of the Lord constitutes corrupt practice as per the petition.

The petitioner approached the High Court praying for an order setting aside the said election on the ground that he indulged in corrupt practices by interfering with free exercise of electoral rights of the devotees of Lord Sabarimala Ayyappa. It was also prayed that the petitioner be declared as the returned candidate in the aforementioned elections to the Kerala Legislative Assembly.