The Kerala High Court Today (April 11th) dismissed a petition filed by Communist Party of India (Marxist) leader M Swaraj challenging the election of Congress MLA K Babu from the Thrippunithura constituency during the 2021 State Assembly polls.
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The Kerala High Court today ruled against a petition by Communist Party of India (Marxist) leader M Swaraj, challenging the election victory of Congress MLA K Babu from the Thrippunithura constituency in the 2021 State Assembly elections.
Justice PG Ajithkumar delivered the decision, thereby affirming Babu’s win in the closely contested polls.
Swaraj, who was defeated by Babu by a narrow margin of 992 votes, had alleged that Babu’s victory was marred by electoral malpractices. Central to Swaraj’s challenge was the accusation that Babu had improperly leveraged the Sabarimala controversy to influence voters, seeking to have Babu’s election declared invalid on these grounds.
The legal journey began in July 2021 when the Kerala High Court acknowledged the seriousness of Swaraj’s allegations, deeming the election petition maintainable and warranting a thorough examination. This initial decision suggested that Swaraj’s claims had a legitimate foundation requiring judicial scrutiny.
However, in a subsequent turn of events, K Babu escalated the matter to the Supreme Court, seeking to quash the proceedings initiated by the High Court. Babu’s primary contention was that the High Court erred in its preliminary assessment, arguing that the petition was not filed within the requisite time frame and lacked substantial details regarding the alleged corrupt practices.
The Supreme Court’s intervention led to a temporary suspension of the High Court’s examination of the case. After deliberation, the Supreme Court dismissed Babu’s plea in February of the current year, effectively removing the impediments to the High Court’s continuation of the matter.
Ultimately, the Kerala High Court’s dismissal of Swaraj’s petition concludes a significant chapter in this electoral dispute, allowing K Babu to retain his position as the MLA from Thrippunithura. This decision not only underscores the complexities of electoral law and the judicial process but also highlights the intense competition and scrutiny inherent in political contests, especially in closely fought constituencies.
CASE TITLE:
Adv. M Swaraj v. K. Babu.
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