New Delhi, May 6 (UNI) The Supreme Court on Tuesday quashed the Kerala High Court’s decision that had annulled the election of CPI(M) legislator A Raja from the Devikulam Assembly constituency in the 2021 Kerala Legislative Assembly elections.
A bench comprising justices AS Oka and Justice Ahsanuddin Amanullah allowed the appeal filed by Raja challenging the March 23, 2023 judgment of the Kerala High Court, which had held that Raja was not eligible to contest from the Scheduled Caste-reserved seat as he was allegedly not a member of the 'Hindu Parayan' community within the state of Kerala.
Pronouncing the verdict, Justice Amanullah stated, "The judgment rendered by the High Court is set aside and the election petition stands dismissed. The appellant is entitled to all consequential benefits as a Member of the Legislative Assembly for the entire period."
The detailed judgment is awaited.
The Kerala High Court had ruled in favour of rival candidate D Kumar, who alleged that Raja was ineligible under Section 5 of the Representation of the People Act, 1951, which mandates that a candidate for a reserved constituency must belong to a Scheduled Caste within the state concerned.
Kumar contended that Raja’s paternal lineage traced back to Tirunelveli, Tamil Nadu, and alleged that his family had converted to Christianity citing church baptism records, Christian-style marriage photos, and family registers maintained by the CSI Church in Kundala, Kerala.
The High Court found discrepancies and overwriting in church records and held that Raja had converted to Christianity and was therefore not entitled to contest from a Hindu Scheduled Caste seat.
Raja, in his defense, maintained that he belongs to the Hindu Parayan community of Kerala, that his parents were Hindus, and that no conversion had occurred. He also disputed the validity of the High Court’s inferences from church records and marriage photographs, asserting they were misinterpreted.
During the Supreme Court hearings, the bench had questioned why Raja’s caste certificate had not been directly challenged, and whether the High Court had overstepped in invalidating the election without first adjudicating the validity of that certificate.
On April 29, 2023, the apex court had stayed the High Court’s judgment, allowing Raja to participate in the Assembly proceedings, albeit without voting rights or monetary benefits, until a final decision was reached.
With Tuesday's verdict, those restrictions are lifted, and Raja stands fully reinstated as the elected MLA from Devikulam, entitled to all privileges and benefits of office.
UNI SNG PRS