[Disqualifying Saji Cherian] Kerala High Court reserves order over CPI(M) MLA’s remarks on the Constitution

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Synopsis

The court was hearing a petition moved by a Malappuram native, Biju P Cheruman who sought orders to disqualify MLA Saji Cherian of the Communist Party of India (Marxist) and former Kerala Fisheries and Culture Minister from office, for insulting the Constitution of India in a public speech at his political meeting.

The Kerala High Court on Tuesday reserved its decision in a plea by a Malappuram native, Biju P Cheruman who sought orders to disqualify MLA Saji Cherian of the Communist Party of India (Marxist) and former Kerala Fisheries and Culture Minister from office, for insulting the Constitution of India in a public speech at his political meeting.

A division bench of Chief Justice S Manikumar and Justice Shaji P Chaly reserved its decision after hearing the submission of both the parties.

Last week, the High Court directed the petitioner to produce relevant provisions of the Representation of the Peoples Act or Election Laws, as well as any other orders issued by the Election Commission of India (ECI), if any, which disqualifies an MLA for making disparaging remarks about the Constitution of India.

The Petitioner alleged that Cherian had publicly insulted the Constitution in a public speech and his conduct is violative of Articles 173(a) and 188 of the Constitution.

Court observed that Article 173 of the Indian Constitution deals with qualification for membership in the State Legislature, and in the case at hand, Cherian had already been elected as a member of the State Legislature, so the said constitutional provision may not be applicable.

However, Court opined that it had to be investigated whether Cherian’s speech would result in disqualification under Article 188 (oath of affirmation by MLA).

Court also noted that the evidence on record revealed that Cherian made statements contrary to constitutional provisions and that a crime has been registered under the provision of the National Honour Act, 1971.

However, Court stated that no reference to the provisions of the Representation of the People Act, 1952, regarding the disqualification of a Legislative Assembly member could be found in the material on record.

Moreover, Advocate General (AG) K Gopalakrishna Kurup contended that under Articles 191 and 192 of the Constitution, certain parameters and procedures must be followed to disqualify a member of the State Legislative Assembly or Legislative Council.

AG Kurup placed reliance on a full bench decision of the High Court in KC Chandy v R Balakrishna Pillai and argued that even if a Minister violated his oath, he would not be disqualified as an MLA and that the reliefs sought in the current writ petition could not be granted under Article 226 of the Indian Constitution.

Taking note of the submissions, Court directed counsel for the petitioner to produce any relevant provisions of the Representation of the Peoples Act or Election Laws, as well as any other orders issued by the Election Commission of India (ECI) providing for the disqualification of MLA.

Case Title: Biju P. Cheruman v. Election Commission of India & Ors.

[Inputs: TOI]