Supreme Court Upholds CPI(M) Leader A Raja’s Election From Devikulam, Sets Aside Kerala High Court Judgment
The Court said that Raja would be entitled to all consequential benefits as a member of the Legislative Assembly for the entire period from the date of oath.
The Supreme Court today allowed CPI(M) leader A Raja’s appeal and set aside the Kerala High Court’s March 2023 judgment that had invalidated his election from the Devikulam Assembly constituency.
A Bench comprising Justice Ahsanuddin Amanullah and Justice Prashant Kumar Mishra delivered the judgment, which was authored by Justice Abhay S. Oka, Justice Ahsanuddin Amanullah, and Justice Augustine George Masih. The Court observed, “As a result, the appeal is allowed. The High Court's impugned judgment is set aside. The election petition stands dismissed. The appellant is entitled to all consequential benefits as a member of the Legislative Assembly for the entire period from the date of taking the oath. We have also issued certain other directions.”
Congress candidate D Kumar had filed a petition before the Kerala High Court challenging the election of A Raja on the ground that the Devikulam (088) constituency in Idukki District was reserved for Scheduled Caste members among Hindus, and Raja did not belong to that category.
The Kerala High Court had declared the election of A Raja to the Kerala Legislative Assembly from the Devikulam constituency as a Communist Party of India (Marxist) (CPIM) candidate void. The Court found, based on evidence, that A Raja was professing Christianity at the time of submitting his nomination and had converted to Christianity long before that.
The High Court had observed that “There is utter failure on the part of the respondent to show and prove that his descendants (the predecessor-in-interest) have migrated to Kerala prior to the promulgation of 1950 Order by the President of India.”
The Court noted that Raja and his predecessors were not Hindu Parayan within the State of Kerala as on the date of promulgation of 1950 Order, though they belonged to the same Community within the State of their origin – Tamil Nadu (Madras) and they can very well claim benefit, if any, conferred upon them in their State of origin and not from the State of Kerala.
It was alleged by the petitioner that A Raja, in connivance with Church authorities, attempted to destroy evidence in the case. The Court observed, “All these are so conspicuous and clear from a mere perusal, which would show an attempt to fabricate evidence so as to appear that the Register is not pertaining to the family of the respondent.”
Cause Title: A. Raja v. D. Kumar (C.A. No. 2758/2023)