Tripunithura poll case: HC upholds K Babu's election, rejects Swaraj's plea

Kochi: In a big relief to Congress MLA K Babu, the Kerala High Court here on Thursday rejected CPM leader M Swaraj's plea seeking to declare the election of the former minister null and void. The court pronounced that Babu can continue as Tripunithura MLA.Justice P G Ajithkumar dismissed the plea by Swaraj in which he had alleged that Babu used religious symbols during his poll campaigns to canvass votes in his favour. The detailed order is not yet available on the court website. 

Talking to the media, Babu welcomed the court order and alleged that Swaraj raised false allegations against him. He claimed that his party never distributed slips with a picture of the Hindu deity Ayappa and an inscription that said 'Your vote is for Ayyappa'.

Swaraj, who lost to Babu in the 2021 assembly polls, approached the High Court seeking to declare the election of Babu null and void. The allegation against Babu is that he used corrupt practices that materially affected the result of the election by appealing to Hindu voters based on religion.

Babu had filed a plea before the High Court raising a preliminary objection that the election petition filed by Swaraj suffered from material defects due to non-compliance with the provisions of Section 81,82, 83 of the Representation of People Act, 1951 and ought to be rejected. The HC however decided to proceed with the trial of the election's main petition against Babu.

In its order dated March 29, 2023, the High Court refused to entertain the preliminary objection of Babu and initiated trial proceedings in the case to confirm whether Babu's election was null and void. 

It is alleged that Babu distributed slips to Hindu voters with the picture of Lord Ayyappa with an inscription that said "Your vote is for Ayyappa”.