KOCHI: THE Kerala High Court on Wednesday observed the Indian Constitution permits sitting MLAs to contest Lok Sabha elections and the law only prohibits holding two posts.
The court also dismissed as withdrawn the petition seeking a directive to the Election Commission to make the nine MLAs who have decided to contest Lok Sabha elections to bear the expenses of the by-elections to be conducted at their vacated Assembly constituencies in the event of their win in the LS polls.
When the petition came up for hearing, the Division Bench observed there was nothing wrong in sitting MLAs contesting in Parliament election.
The court orally asked the petitioner’s counsel that suppose a sitting MLA died, nobody can insist on the deceased’s legal heirs to bear the by-election’s expense. The court also flayed petitioner M Ashokan, Thiruvankulam, Ernakulam, for filing a frivolous petition and observed it was not a bonafide one. The court also cautioned the petitioner that it will impose a cost on him for filing such a petition. Then the counsel sought permission to withdraw the petition and the court granted it. The court also observed if his concern is about public interest, then he should persuade voters not to elect sitting MLAs instead of raising an illegal plea.