Kerala HC Disqualifies MLA KM Shaji From Azhikode Constituency

Shaji appealed to voters belonging to the Muslim community to vote for the UDF candidate on grounds of his religion.

The Kerala High Court gave the judgment on a plea filed by LDF candidate MV Nikesh Kumar (left), who contested the election against KM Shaji (right).

(Photo Courtesy: The News Minute)

The Kerala High Court on Friday, 9 November, disqualified an Indian Union Muslim League MLA over a plea claiming that he used religion to win the Assembly polls in 2016.

Disqualifying KM Shaji, who had won the elections from Azhikode Assembly constituency in 2016, for six years, Justice PD Rajan directed the Kerala Assembly Speaker and the Election Commission to take appropriate action.

Apart from setting aside the election, the court also asked the MLA to compensate Nikesh Kumar with Rs 50,000.

The court gave the judgment on a plea filed by LDF candidate MV Nikesh Kumar, who contested the election against Shaji. IUML is a partner of the Congress-led Opposition UDF in the state.

However, Nikesh Kumar’s demand to be be declared the winner in the Azhikode constituency has been rejected by the court which has directed for re-elections to be held. Nikesh had alleged that Shaji had distributed pamphlets asking Muslim voters not to vote for non-Muslim candidates.

In his petition, Nikesh Kumar alleged that Shaji secured a win by a margin of 2,287 votes using corrupt practices.

He accused Shaji of having violated norms prescribed under various sections of the Representation of the People Act to win the elections.

Nikesh had alleged that an appeal was made to voters by Shaji, who belongs to the Muslim community, his agents and other persons to vote for the UDF candidate on grounds of his religion.

He had also charged that pamphlets were circulated in the constituency urging people not to vote for a candidate who is not a believer of the Islamic faith.

Journalist MV Nikesh Kumar, who had contested as an independent candidate backed by the now ruling Left Democratic Front, had lost from the Azhikode constituency. He had contested the very seat his father and CMP leader MV Raghavan had won when the CPI(M) party had expelled him in 1986. He lost the seat by a margin of around 2000 votes to KM Shaji of the UDF.

IUML said it will take a decision on filing an appeal after getting the copy of the judgment.

(with inputs from PTI and The News Minute)