Kerala High Court dismisses election petition by CPI(M)'s M Swaraj against Congress MLA K Babu's win in 2021 polls

The Kerala High Court on Thursday dismissed a petition filed by Communist Party of India (Marxist) leader M Swaraj challenging the election of Congress MLA K Babu from the Thrippunithura constituency during the 2021 State Assembly polls [Adv. M Swaraj v. K. Babu]..Justice PG Ajithkumar pronounced the verdict this afternoon. The Court found that the material before it, including the testimony of witnesses, could not prove beyond reasonable doubt that Babu had indulged in any corrupt practice as defined under Section 123(3) of the Representation of People Act, 1951.The election petition filed by Swaraj accused Babu of having won the 2021 Legislative Assembly elections from the Thrippunithura constituency by indulging in electoral malpractices.Swaraj had lost the election to Babu by a slender margin of 992 votes.Swaraj asserted that Babu's election should be declared null and void as Babu had canvassed votes in the name of the Sabarimala controversy.The primary allegation made by Swaraj was that the election slips which were distributed to canvass votes for Babu said “Ningalude vote Ayyappanu” (Your vote for lord Ayyappan) and also contained a picture of Lord Ayyappa, below which the election symbol of Babu was printed along with a request to vote for him.However, the Court noted that the complaint filed regarding these slips had not attached even a single copy of one of the slips. It also noted that no complaints about the slips were submitted to cVIGIL, a portal of the Election Commission for complaining against election malpractices. "Viewed in the light of the propositions of law laid down by the Apex Court in the decisions.. I am of the view that without other evidence or circumstances to corroborate, oral testimonies of PWs.2 to 5 (witnesses from Swaraj's side) alone are insufficient to prove beyond doubt that Exts.P1 to P3 and similar slips were distributed on behalf of the 1st respondent (Babu) to the electors in the Thrippunithura constituency....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 judgment stated. .The Kerala High Court had issued notice in the matter in July 2021 and later opined that the election petition was maintainable..However, Babu had then approached the Supreme Court to halt the High Court proceedings. He asserted that the High Court was wrong in concluding that the election petition was maintainable.Babu argued that the petition was filed beyond the limitation period and was devoid of material particulars regarding any alleged corrupt practice.Although the top court initially stayed the High Court proceedings till the disposal of Babu's appeal, it eventually dismissed the plea in February this year, which paved the way for the High Court to decide on the merits of the matter..Swaraj was represented by advocates PK Varghese, KS Arun Kumar, NK Shyju, PB Biju, PS Anishad, KR Arun Krishnan, Sanjana Rachel Jose, Biju Kumar and Reghu Sreedharan.Babu was represented by Senior Advocates T Krishnanunni and S Sreekumar and advocates CS Ajith Prakash, Franklin Arackal, Paul C Thomas, Babu M, Nidhin Raj Vettikkadan, Harris Moosa and Adesh Joshi. .[Read Judgment]