No more bar on aided school teachers to contest polls, HC order stayed

New Delhi: The Supreme Court has stayed the Kerala High Court order that barred aided school teachers from contesting in the elections.

The SC bench, headed by Chief Justice S A Bobde, stayed the Kerala HC order, paving way for the aided school teachers to contest in the Assembly elections.

The petition was filed by the Bharath Dharma Jana Sena (BDJS) candidate at Nenmara A N Anurag and Yuva Janata Dal national president Saleem Madavoor. Both of them are teachers.

While pronouncing its verdict, the High Court had pointed out that Section 2 (iv) of the Legislative Assembly (Removal of Disqualifications) Act, 1951, that allowed aided school teachers to contest in polls, was unconstitutional.

Advocates V Giri and Amit Krishnan, who appeared for Anurag, contended that the High Court had not given the precise definition of the 1951 Act.

The stay was ordered after V Giri informed the court that Friday was the last day to file nominations.

Advocates Devdutt Kamath and Javed Rahman appeared for Saleem Madavoor. Anurag is a teacher at the Velayudhan Memorial Higher secondary School at Vadavannur in Palakkad.

To benefit only some

Though the SC has stayed the High Court order, it is unlikely to benefit some candidates who already entered the fray after taking voluntary retirement.

T V Ebrahim, who was a teacher at the Kondotty EMEA Higher Secondary School, had taken VRS before entering the poll fray. He is the MLA representing the Kondotty Legisaltive Assembly constituency.

Minister K T Jaleel, who was the teacher at PSMO College at Tirurangadi, also had resigned from his job with three years left in service.

The case of Ullas

M R Ullas, who was declared as the BDJS candidate in Poonjar initially, had also approached the Supreme Court against the HC order. While awaiting the court order he decided not to contest in the polls and BDJS district president M P Sen was subsequently declared as the candidate instead.

Ullas, who is the teacher at CKM Higher Secondary School, Koruthodu, narrated his predicament.

"As uncertainty continued over the SC verdict, I decided to withdraw from the poll fray. I lost out on crucial days for campaigning as I waited for the verdict. I spoke directly to BDJS state president Thushar Vellappally. Then the district committee decided to declare district president M P Sen as the candidate the other day," Ullas stated.

The uncertainty over Ullas' candidature and his belated replacement may mar the prospects of the BDJS candidate and thereby, his political platform, the National Democratic Alliance (NDA). The NDA votes may go to another candidate in Poonjar which is synonymous with its legislator P C George.

Adding to the confusion, reports of BJP too fielding a candidate in Poonjar emerged. Ullas however ruled out any problem over this.

"I came to know that BJP is fielding candidates in all constituencies in the state. But they would back off during the withdrawal of nominations. There will only be one candidate for the NDA in the polls," Ullas hoped.

He also referred to P C George's predicament as no major political combine in Kerala was willing to let him into its fold.

"P C George called me one day and said that he was the NDA candidate. But then I replied that nobody had said so. He had joined the NDA but left. Realising that he had no other go, he came after us," Ullas commented.