Kerala High Court dismisses CPI(M) leader’s plea against election of K Babu in 2021 Assembly polls

Referring to various Supreme Court judgments on the use of religious symbols to canvass votes, the high court said that if a vote is solicited using the name of a god or a deity, “it would amount to an appeal to vote in the name of a religious symbol and is a corrupt practice”.

High court’s orders

In the instant case, the high court said that the depiction of the picture of Lord Sabarimala Ayyappa along with the election symbol of the party and a request for a vote in the slips placed before it was “undoubtedly the use of a religious symbol for the furtherance of election prospects” and was prohibited under the RP Act.

At the same time, the high court also said in its 66-page long judgment that there was no evidence to corroborate the oral testimonies of a few witnesses that such slips were distributed to electors on behalf of Babu by his election agents, and with his consent and knowledge.

The court also said that the evidence given by the four witnesses, who supported the petitioner’s claims, was not free from doubt as their answers in relation to many facts “were vague”, but with regard to giving of the slips “their versions are parrot-like”.

Justice Ajithkumar also questioned why no complaint with regard to the voting slips was made to cVIGIL, a portal of the Election Commission for complaining against election malpractices.

In response, Swaraj contended that he had instead filed a police complaint as only the police could take immediate action.

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Court rejects Swaraj’s argument

Rejecting the argument, the court said, “That is not a satisfactory answer since action was admittedly taken in other complaints given by the petitioner (Swaraj) in cVIGIL.”

“That frowns further upon the case of the petitioner concerning distribution of the slips.”

The court also questioned why no slips were attached along with the complaint made to the police by the Secretary of the Area Committee of the CPI(M) if the same “were really distributed in various parts of the constituency” as claimed by Swaraj.

“In the circumstances, non-submission of a slip along with the complaint creates doubt about the allegation of corrupt practice,” the court said.

Further, the court noted that the complaint did not mention that the slips carried the picture of Lord Ayyappa.

“No other corroborative evidence is adduced. Hence, I answer these issues by holding that the petitioner failed to prove beyond doubt that the 1st respondent (Babu) committed corrupt practice as alleged.

“…the petitioner is not entitled to get the relief of declaration that the election of the 1st respondent is null and void. Accordingly, this petition is dismissed. No order as to costs,” the court said.

Congress welcomes judgement

The court’s decision was welcomed by the Congress and Babu.

Babu told TV channels that he was happy with the verdict, and had been confident that the truth would finally come out, as it “was a fabricated case” against him.

“We had never printed any religious symbols on our voting slips,” he said.

Leader of Opposition in the State Assembly VD Satheesan commented that Babu had won the 2021 Assembly poll from Thrippunithura “overcoming all the tricks” allegedly employed by the CPI(M).

He said in a Facebook post that the high court’s decision was a victory of democracy and a slap on the face of those who ridiculed or questioned Babu’s win.

Babu remarked that the Left Front and its candidate who lost were unable to come to terms with their defeat, and that is why the election petition was filed against him.

“I would request the Left Front and its candidate to at least now stop such unnecessary moves, and accept the court verdict,” he said.

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