SC stays disqualification of Kerala CPM MLA on corruption charges

CPM MLA M J Jacob from Piravom assembly constituency earned a repreive on Monday when the Supreme Court stayed a Kerala high court order setting aside his election on the ground that he had indulged in corrupt electoral practices during the 2006 polls.

A vacation Bench comprising Justices C K Thakker and L S Panta, while allowing Jacob to participate in the assembly proceedings, barred him from casting his vote on any issue in the House.ss

The HC judgment had came on a petition filed by a voter, A Narayanan, who had alleged that Jacob and his agents had indulged in corrupt practices by publishing and distributing pamphlets containing false allegations against rival Democratic Indira Congress (Karunakaran) candidate T M Jacob. M J Jacob had defeaated T M Jacob by a margin of 5,150 votes in the election held on April 29, 2006.

Appearing for M J Jacob, senior advocate Shanti Bhushan said that it was a statutory appeal filed by the disqualified candidate and hence should be admitted for detailed hearing, to which the apex court agreed. Seeking interim relief, Bhushan contended that it had been the standard practice of the SC in such petitions involving elections to allow the disqualified MLA to participate in House proceedings. “Such persons are never barred from participating in debates in the assembly, as it would amount to shutting out a constituency from putting across its view through the elected representative,” he argued.

Appearing for Narayanan, advocate U U Lalit said that though the HC order could be stayed during the pendency of Jacob’s appeal, he should not be allowed to participate in the proceedings as his disqualification came on a serious charge of corrupt practices.

The Times of India 20 May 2008 P. 15 Delhi
With thanks from The Time of India
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