Kochi, Jun 24 (PTI) The Kerala High Court on Wednesday rejected an election petition filed by CPI(M) leader A M Ariff challenging the election of Congress leader K C Venugopal from the Alappuzha Lok Sabha constituency in the 2024 general elections.
Justice G Girish dismissed the petition at the threshold, holding that it did not disclose a legally sustainable cause of action under the Representation of the People Act, 1951.
Venugopal had won the Alappuzha parliamentary seat by defeating Ariff, the sitting MP and candidate of the CPI(M)-led Left Democratic Front.
Ariff had sought to set aside Venugopal’s election and also sought a declaration that he himself be declared the duly elected candidate.
The petition alleged corrupt practices under Sections 123(3), 123(3A) and 123(4) of the Representation of the People Act.
The court found that the petition failed on a more fundamental ground. It held that the alleged objectionable acts relied upon by Ariff were said to have been committed before Venugopal filed his nomination papers.
Citing settled law and Supreme Court precedents, the court said corrupt practices under Section 123 of the Representation of the People Act must relate to acts committed by a candidate or his agents after the filing of the nomination.
“All the allegations levelled by the petitioner in this election petition pertain to acts allegedly committed by the agents and associates of the first respondent even before the publication of the election notification on 28.03.2024,” the order said.
The court held that even if the allegations were accepted as true, they would not constitute valid grounds for setting aside the election under the law.
It also rejected the argument that the petition could subsequently be amended to cure material deficiencies.
Referring to Supreme Court rulings, the High Court concluded that an election petition that does not disclose a valid cause of action can be rejected at the threshold.
Accordingly, as the petition had not yet been formally numbered, the court rejected it under Order VII Rule 11(a) of the Code of Civil Procedure. PTI TGB SSK
This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.