M.J. Jacob’s election declared void

Kochi: The Kerala High Court on Tuesday declared as void the election of CPI(M) candidate M.J. Jacob from the Piravom Assembly constituency.
Justice Thottathil B. Radhakrishnan made the declaration after the court found Mr. M.J. Jacob and his election agents guilty of corrupt practices under section 123(4) of the Representation of the People Act. The judgement came on an election petition filed by A. Narayanan, a voter of the constituency.
Mr. M.J. Jacob had defeated T.M. Jacob in the election held on April 29, 2006, by a margin of 5,150 votes.
The court also declined to stay the operation of the judgement. Mr. M.J. Jacob pleaded that the operation of the judgement be stayed as his activities as an MLA in the implementation of development programmes would be affected by the order. Dismissing his plea, the Judge said the consequences of the order as described by the petitioner were nothing but natural.
In his petition, the voter had alleged that Mr. M.J. Jacob and his election agents had committed corrupt practices by publishing and distributing pamphlets containing false personal allegations against Mr. T.M. Jacob. Mr. T.M. Jacob had contested the poll on a Democratic Indira Congress (Karunakaran) ticket. The pamphlet also accused the former Minister of shielding a member of his personal staff who was arraigned on charges of attempt to murder charges.
The pamphlet had also exhorted the voters ‘to recognise the shameless hypocrite of development trickery... and react against the deceiver of the people.’
Justice Radhakrishnan held that the statement regarding the criminal case was one that affected the personal character and conduct of Mr. T.M. Jacob. The court observed that it was proved beyond reasonable doubt that the pamphlet was drafted, printed, published and distributed with the consent of Mr. M.J. Jacob and his agent.
T.M. Jacob’s reaction
The verdict should be a lesson to all those who woo votes by resorting to personal vilification, Kerala Congress (Jacob) leader T.M. Jacob has said.
Mr. Jacob told mediapersons here on Tuesday that elections should be fought on political issues and not by running down the rival candidate. “Elections are political battles and they should not be fought by attacking the rival’s personality by character assassination,” he said. He listed out several questionable strategies his opponent allegedly had used.
Special Correspondent
Wednesday, May 07, 2008
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