The Supreme Court on Monday upheld the maintainability of the election petition moved by Communist Party of India (Marxist) leader M Swaraj against Congress MLA K Babu in relation to the latter's election to Kerala legislative assembly from the Thrippunithura constituency in 2021 [K Babu vs M Swaraj and ors].A bench of Justices Aniruddha Bose and PV Sanjay Kumar confirmed an order passed in this regard by the Kerala High Court on March 29, 2023.Babu was elected from Thrippunithura in 2021 pipping Swaraj by a slender margin of 992 votes.Swaraj moved the Court contending that Babu's election should be declared null and void on the ground that Babu had canvassed votes in the name of the Sabarimala controversy.The Kerala High Court issued notice in the matter in July 2021 and decided that the case needed to be heard first on the issue of maintainability.Justice PG Ajith Kumar eventually upheld the maintainability of the plea leading to the instant appeal before the top court by Babu.The apex court had issued notice in the matter in July last year and later stayed the proceedings before the High Court till disposal of the appeal.Senior Advocate Chander Uday Singh and advocate Romy Chacko appeared for Babu.Advocates PV Dinesh and PS Sudheer appeared for Swaraj.
TAGS: Supreme Court Election Petition Kerala MLA K Babu M Swaraj Communist Party of India (Marxist)
