Kerala HC declares CPM MLA’s election null and void

The Kerala High Court on Friday set aside election of CPI(M) MLA, M J Jacob, from Piravom Assembly constituency in Ernakulam district, finding him guilty of corrupt practices under the Representation of People Act. Justice Thothathil B Radhakrishnan issued the final order in this regard, while allowing a petition filed by one Narayanan, a voter of the constituency.

Jacob had defeated the UDF candidate and former minister T M Jacob in the election held on April 29, 2006 by a margin of 5,150 votes. According to the petitioner, M J Jacob had committed corrupt practices under Section 123 (4) of the Representation of People Act, which was accepted by the court. M J Jacob filed an interlocutory application for staying the order to enable him to file an appeal before the Supreme Court, that was rejected by Justice Radhakrishnan.

The allegation against M J Jacob was that pamphlets circulated by the Left Democratic Youth Front (LDYF) during the election had amounted to personal character assassination of the rival candidate. The court held that the statements in the pamphlets were reasonably calculated to prejudice the prospects of T M Jacob in the election.