KOCHI : In a big relief for Congress MLA K Babu, the Kerala High Court on Thursday dismissed the petition filed by CPM leader M Swaraj seeking to declare the former minister’s election from Tripunithura assembly constituency null and void.
Swaraj, who lost to Babu by a slender margin of 992 votes in the 2021 election, had alleged that Babu canvassed votes in the name of Lord Ayyappa and Sabarimala women’s entry issue.
Justice P G Ajithkumar held that Swaraj failed to prove beyond doubt that Babu committed corrupt practice as alleged. In the petition, Swaraj alleged that Babu and other Congress workers canvassed votes in the name of Lord Ayyappa. They distributed election slips with the wording ‘Ningalude vote Ayyappanu’ (Your vote for Ayyappa) and a picture of Lord Ayyappa, below which the election symbol was printed along with a request to vote, the plea stated.
In reply to the allegation, the election agent of the Congress candidate said he or anyone with their consent did not print or distribute such slips. Those are the creation of the petitioner himself, he stated.
Babu’s counsel submitted that the witnesses are workers of CPM or its foster organisations, and their testimonies are not supported by any independent evidence.
‘Witnesses’ oral testimonies’ alone insufficient to prove charges’
The counsel stated the evidence is insufficient to prove the distribution of the slips, the counsel stated. The court said the evidence tendered by four witnesses regarding the distribution of slips to them by the election agent and others is not free from doubt. “I am of the view that without other evidence or circumstances to corroborate, oral testimonies of those witnesses alone are insufficient to prove beyond doubt that slips containing a picture of Lord Ayyappa and similar slips were distributed on behalf of Babu to the electors in the Tripunithura constituency,” said the single judge.
