The Kerala High Court on Thursday dismissed a petition filed by Communist Party of India (Marxist) leader M Swaraj challenging the election of Congress MLA K Babu from the Thrippunithura constituency during the 2021 State Assembly polls [Adv. M Swaraj v. K. Babu].Justice PG Ajithkumar pronounced the verdict this afternoon.The election petition filed by CPI (M) leader Swaraj accused Congress MLA K Babu of having won the 2021 Legislative Assembly elections from the Thrippunithura constituency by indulging in electoral malpractices.Swaraj had lost the election to Babu by a slender margin of 992 votes.Swaraj asserted that Babu's election should be declared null and void as Babu had canvassed votes in the name of the Sabarimala controversy.The Kerala High Court issued notice in the matter in July 2021 and later opined that the election petition was maintainable.However, Babu then approached the Supreme Court to halt the High Court proceedings. He asserted that the High Court was wrong in concluding that the election petition was maintainable.Babu argued that the petition was filed beyond the limitation period and was devoid of material particulars regarding any alleged corrupt practice.Although the top court initially stayed the High Court proceedings till the disposal of Babu's appeal, it eventually dismissed the plea in February this year, which paved the way for the High Court to decide on the merits of the matter.Detailed judgment awaited.Swaraj was represented by advocates PK Varghese, KS Arun Kumar, NK Shyju, PB Biju, PS Anishad, KR Arun Krishnan, Sanjana Rachel Jose, Biju Kumar, and Reghu Sreedharan.Babu was represented by Senior Advocates T Krishnanunni and S Sreekumar and advocates CS Ajith Prakash, Franklin Arackal, Paul C Thomas, Babu M, Nidhin Raj Vettikkadan, Harris Moosa, and Adesh Joshi.
TAGS: Kerala High Court M Swaraj K Babu election petition Thrippunithura constituency electoral malpractices
