Kerala HC declares as void the election of LDF-backed candidate in 2016 polls

KC Gopakumar Kochi | Updated on January 17, 2019 Published on January 17, 2019

Meanwhile, the court stayed the operation of the verdict for 30 days to enable Razak to file an appeal in the Supreme Court

The Kerala High Court on Thursday declared void the election of LDF-supported Independent candidate Karatt Abdul Razak from the Koduvally Assembly constituency in Kozhikode district.

The court set aside his election after it found him guilty of corrupt practices under Section 123(2) and (4) of the Representation of People Act .

The court further held that the corrupt practice by the LDF candidate was prejudicial to the interests of the UDF candidate. The CPI(M) supported independent candidate, Razak, had won the seat by defeating his immediate rival and Indian Union Muslim League candidate MA Razak by 573 votes.

The court, however, refused the plea of the petitioner that the UDF candidate be declared elected from the Assembly constituency.

Stays operation

Meanwhile, the court stayed the operation of the verdict for 30 days to enable Razak to file an appeal in the Supreme Court.

The stay was subject to the condition that he can participate in the proceedings of the Assembly but cannot vote in the Assembly and receive remuneration.

Justice Abraham Mathew passed the judgment while allowing a petition filed by KP Mohammed and other another persons from the constituency, challenging the election of the LDF candidate.

Allegations by petitioner

The petitioner had alleged that Razak and his agents had screened a video across the constituency during the election campaign on the personal character of the UDF candidate with a view to tarnishing his image.

The court found that the allegation — the video which claimed that the UDF candidate had misappropriated money and was screened cross the Assembly constituency — had been proved beyond any doubt.

The court held that that it had influenced the voters and affected the prospects of the UDF candidate. Razak was held responsible for making the video.

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Published on January 17, 2019
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