THIRUVANANTHAPURAM: The disqualification of Antony Raju would be the first of its kind in the state assembly. As per the norms, disqualification comes into effect from the date of the court verdict. Once the copy of the verdict is received, the Legislative assembly secretariat will issue a notification declaring him disqualified.
Antony Raju will not be able to contest elections for six years, starting from the day he completes his punishment. The court has granted him one month to file an appeal. Once the higher court stays his conviction, he will be able to contest again. “Since he’s convicted, he won’t be able to contest in the election. Only if the conviction is stayed, will he be able to contest in elections,” said a former official with the state assembly.
The ex-minister stands disqualified as per a landmark judgment by the Supreme Court in 2013, in the Lily Thomas vs Union of India case. As per the judgment, MPs and MLAs, if convicted with jail term for more than two years, are disqualified immediately.
Earlier too, a couple of MLAs had faced disqualification for different reasons. In 1957, the election of Communist party’s Rosamma Punnoose from Devikulam was nullified by the court. She later contested and won a by-election.
In 1977, the High Court had nullified the elections of C H Mohammed Koya and K M Mani - members of the first AK Antony Government. The verdict came after allegations of communal campaign. However, both of them got favourable verdicts from the Supreme Court.
In 2005 January, CPM leader P Jayarajan’s election was declared void by the Supreme Court. He got re-elected to assembly in the by-election held after five months. In 2018, the High Court had disqualified Muslim League leader K M Shaji for communal poll campaign. The Apex Court later partially stayed his disqualification.
Kerala Congress leaders R Balakrishna Pillai and P C George too were disqualified by the assembly speakers, as per the Anti- defection Law. Pillai, who was disqualified by the then Speaker Varkala Radhakrishnan, accepted the same, while George, who was disqualified by N Sakthan in 2015, moved the High Court, which later set aside the disqualification.