The Kerala High Court on Wednesday held that the election petition filed by a voter against election of actor and Union Minister Suresh Gopi as a Member of Parliament (MP) from the Thrissur Lok Sabha constituency in 2024 is maintainable [Binoy AS v. Suresh Gopi, Joshi Villadom v. Suresh Gopi]
Gopi is the lone Bharatiya Janata Party (BJP) MP from Kerala in the Lok Sabha.
Justice Kauser Edappagath rejected the objections raised by Gopi against the maintainability of the plea and held that the petition will go to trial and be heard on merits.
"The upshot of the findings is that challenge to the maintainable of the election petition raised on all grounds must fail. Hence the preliminary objections raised by the respondent (Suresh Gopi) is overruled. Election petition is not liable to be dismissed in limine," the Court said.
However, the Court struck off one of the challenges raised in petition regarding distribution of shade umbrellas by Gopi to the vendors in a vegetable market
"The corrupt practices alleged with regard to the distribution of shade umbrellas to the vendors at the vegetable market mentioned in para 16 of the election petition is struck off. The respondent (Gopi) shall face trial for the other corrupt practices alleged in the petition," the Court ordered.
The order was passed on an election petition challenging Gopi's election victory filed one by Binoy AS, an All India Youth Federation leader and a voter from Thrissur.
The petitions accused Gopi, his election agent, and his associates of having engaged in corrupt practices as defined under Section 123 of the Representation of the People Act, 1951.
Section 123 defines various acts that are considered "corrupt practices" during elections in India, including bribery, undue influence, promoting enmity between different classes of citizens based on religion, caste, or language, and using religious appeals to solicit votes; essentially outlining the actions that can disqualify a candidate from an election if they are found to engage in them.
In his petition, Binoy contended that Gopi misused religious symbols to appeal to voters and also promised gifts including mobile phones to induce electoral support. In this regard, he highlighted certain videos posted on social media allegedly showing Gopi offering monetary incentives to potential voters.
Binoy's petition also highlighted the involvement of a campaigner in Gopi's election campaign, who urged voters to think of certain Hindu deity while voting for him, while also inducing the voters by using various other religious symbols associated with Lord Ram.
A separate election petition was also filed by Joshi Velladom who had stood for the same election as an independent candidate.
Binoy was represented by advocates PR Reena, Santhosh Peter, Sumesh KB, and Rakesh K.
Joshi Villadom appeared in-person.
Gopi was represented by Senior Advocate K Ramakumar and advocates BN Shivasankar, Megha Mukundaswar, Tinu T Joseph, Sanoj MA, and VIshnu B Kurup.
The ECI was represented by advocate Deepu Lal Mohan.