IUML’s K M Shaji not the first to face disqualification from high court

In 1977, the High Court had nullified the elections of C H Mohammed Koya and K M Mani - members of the first A K Antony Government.

Published: 10th November 2018 01:41 AM  |   Last Updated: 10th November 2018 12:15 PM   |  A+A-

KM Shaji

Muslim League MLA KM Shaji (Facebook photo)

By Express News Service

THIRUVANANTHAPURAM: The disqualification of Indian Union Muslim League (IUML) MLA K M Shaji by the High Court is not the first time a legislator is facing setback from the court. Earlier also a couple of MLAs and an MP had faced similar actions through court intervention. However in the case of P C George, the High Court nullified an order by the Assembly Speaker disqualifying him.

A Kerala legislator’s first tryst with court over electoral disqualification came in 1957, in the form of Rosamma Punnoose --- Communist candidate from Devikulam - whose election was nullified by the court. She’s reportedly the first leader in the country to face such a court action. Sister of Akkamma Cheriyan, she was the first pro-tem Speaker in the Kerala Assembly. In a historic development, Rosamma Punnose became the first to win a by-election in the state and return to the Assembly. Curiously, today’s Communist  patriarch V S Achuthanandan was her election agent for bypoll.

In 1977, the High Court had nullified the elections of C H Mohammed Koya and K M Mani - members of the first A K Antony Government. The verdict came after allegations of communal campaign. However, both of them got favourable verdicts from the Supreme Court. In 1987, the High Court nullified the election of an IUML leader. But he got favourable verdict from the Supreme Court.

The case of P C Thomas, the lone winner for NDA from the state in Lok Sabha polls in 2004, was different. Left candidate P S Ismayil approached the court after Thomas was declared winner with a thin majority of around 500 votes. Thomas faced a setback after the High Court and later the Supreme Court nullified his election for exploiting the voters’ religious sentiments. Following Election Commission’s recommendation, he was disqualified from contesting for three years.

The disqualification of P C George, then a member of Kerala Congress (M), was one of the most discussed disqualifications in Kerala’s recent political history. On November 13, 2015, then Speaker N Sakthan disqualified George with retrospective effect from June 3, on the basis of a petition by the Chief Whip alleging that he had indulged in anti-party activities.

Curiously, George was disqualified under the anti-defection law after he tendered his resignation. However the High Court on March 14, 2016, quashed the Speaker’s order observing that it was a mala fide action. The court also observed that the Speaker can reconsider George’s resignation letter after hearing him.

Stay up to date on all the latest Kerala news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

facebook twitter whatsapp