Kerala High Court judge Justice Sophy Thomas recuses from hearing election petition since she voted from same constituency

The election petition has been moved by CPI(M) leader M Swaraj challenging the election of Congress leader K Babu from the Thrippunithura constituency in the 2021 assembly elections.
Justice Sophy Thomas and Kerala High Court
Justice Sophy Thomas and Kerala High Court

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.

The Court had issued notice in the matter over a year ago and had decided that the case needed to be heard first on the issue of maintainability.

The single-judge who issued notice, Justice Shircy V, has since demitted office after which it came up before Justice Thomas.

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