KOCHI: In a major setback to Congress MLA K Babu, the High Court on Wednesday decided to proceed with the petition filed by CPM leader M Swaraj seeking to declare the election of Babu from Tripunithura null and void. The court directed Babu to file a counter-affidavit in response to the petition.
Justice P G Ajithkumar said that the allegation in the petition that the use of religious symbols to canvass votes materially affected the result made out a sufficient cause of action for a trial in the petition to decide whether the election of Babu is null and void. In respect of the said aspect, the petition will proceed, the court said.
In the petition, Swaraj stated that Babu and other Congress workers canvassed votes in the name of Lord Ayyappa. Hence, the election was vitiated by corrupt practices under several provisions of the Representation of People Act.
On March 30, during an election campaign, Babu and other Congress workers canvassed votes saying: “You are Hindu voters and believers of Lord Sabarimala Ayyappa. Swaraj is acting against true Hindus, faiths, and rituals, and he made speeches that Lord Ayyappa is married and you may have heard it.” He further told the voters: “Your vote is for Lord Sabarimala Ayyappa. Though we are all Hindus, Swaraj is a Hindu by name only, but not in his beliefs.”