Justice Sophy Thomas of the Kerala High Court on Friday recused herself from hearing a petition moved by CPI(M) leader M Swaraj challenging the election of Congress leader K Babu from Thrippunithura constituency in the 2021 assembly elections. [Adv. M Swaraj v. K Babu]
When the matter came up before the bench which usually considers election petitions, the single-judge informed the Court that she cannot hear the matter as she had also voted in the said election.
"In this case, I want to recuse myself since I was also a voter in this election from Thrippunithura constituency. So I am addressing the Chief Justice and placing the file before him," Justice Thomas said.
The matter will be placed before the Chief Justice so that he can re-assign the case as per the roster.
Swaraj in his plea has contended that Babu's election should be declared null and void on the ground that Babu had canvassed votes taking advantage of the Sabarimala controversy.