HC rejects pleas for disqualifying Saji Cheriyan as MLA

The petitions had claimed that Cheriyan's actions attracted disqualification under Section 9 of the Representation of the People Act, 1951 :Manorama

Kochi: The Kerala High Court on Thursday dismissed two pleas that wanted to disqualify former state Minister Saji Cheriyan as MLA in view of his speech allegedly insulting the Indian Constitution.

A bench of Chief Justice S Manikumar and Justice Shaji P Chaly passed the order.

Advocate Deepu Lal Mohan, appearing for the Election Commission, confirmed the dismissal of the two pleas.

The petitions had claimed that Cheriyan's actions attracted disqualification under Section 9 of the Representation of the People Act, 1951.

Section 9 of the Act states that "a person who having held an office under the government of India or under the government of any state has been dismissed for corruption or for disloyalty to the state shall be disqualified for a period of five years from the date of such dismissal."

The pleas had also contended that Cheriyan's conduct was a violation of Articles 173(a) and 188 of the Constitution and a case has also been registered against him under the Insults to National Honour Act, 1971 in connection with his controversial speech.

After the speech created controversy, the Opposition disrupted the Assembly proceedings leading to the suspension of the House for a day.

The high-pressure campaign by the Opposition resulted in Cheriyan resigning from his cabinet posts on July 6.

 

(With PTI inputs)

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