SC stays HC order quashing Kerala MLA's election

New Delhi (PTI): The Supreme Court on Monday stayed the Kerala High Court order setting aside the election of CPI(M) MLA M J Jacob from Piravom assembly constituency. The apex court, in an interim order, allowed Jacob to participate in the proceedings of the Kerala Assembly but on the condition that he will not have the power to vote and draw emoluments as an MLA.
The High Court had held as "null and void" the election of Jacob finding him guilty of corrupt practices under the Representation of People Act (RPA). An apex court vacation bench of Justices C K Thakker and L S Panta said the stay of the High Court order will continue till the final outcome of the appeal before it. The bench issued notice to A Narayanan, a voter of the constituency, on whose petition the High Court had set aside Jacob's election.
Narayanan had accused the MLA of indulging in corrupt practices to win the election held on April 29, 2006. The bench granted him four weeks to respond to the appeal filed by the MLA.
Jacob had defeated the UDF candidate and former minister T M Jacob by a margin of 5,150 votes. The petitioner had alleged that M J Jacob had committed corrupt practices under section 123 (4) of the RPA.
The allegation against M J Jacob was that pamphlets circulated by the Left Democratic Youth Front (LDYF) during the polls had amounted to personal character assassination of the rival candidate.
Monday, May 19, 2008
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