Breaking: Supreme Court Sets Aside Kerala High Court Verdict Annuling CPI(M) MLA A. Raja’s Election
The Supreme Court on Tuesday allowed the appeal filed by Kerala CPI(M) MLA A. Raja challenging the Kerala High Court’s decision that had annulled his election on the ground that he did not belong to the Scheduled Caste category required for contesting from a reserved constituency.
The Bench of Justice Ahsanuddin Amanullah and Justice Prashant Kumar Mishra delivered the verdict, which had been reserved on September 26, 2024.
“The impugned judgment by the High Court is set aside. The Election Petition itself stands dismissed. The appellant is entitled to all consequential benefits as a member of the Legislative Assembly for the entire period from the date of Oath,” the Court held.
The Bench further remarked, “We have passed some other orders also,” though the details of these additional directions are awaited.
Background
The Kerala High Court had previously annulled Raja’s election from the Devikulam Assembly constituency, holding that he did not belong to the Scheduled Caste community, thereby rendering him ineligible to contest from the reserved seat. Challenging this ruling, Raja had approached the Supreme Court, arguing that the High Court’s findings were erroneous and contrary to evidence on record.
In September 2024, the Supreme Court was told that A Raja's grandparents were permanent residents of Tamil Nadu. The Court had questioned this statement saying that their residence could not be interpreted in this manner. In response, Senior Advocate Hooda told court that Raja's grandmother had come to Kerala only for employment.
Court had earlier asked the complainant if High Court could have made a finding on Raja's caste status when the caste certificate was not challenged. "Our question is also that can this certificate be challenged in an election petition? Can the court go into the challenge to caste certificate when the authority who had issued it is not before the court?", the Bench had asked.
In April 2024, the High Court's order was stayed by the Supreme Court.
Case Title: A.Raja v. D. Kumar [C.A. No. 2758/2023]