KOCHI: The Kerala High Court on Friday declared as void the election of Indian Union Muslim League (IUML) MLA K M Shaji for canvassing votes on the basis of religion in Azhikode constituency in Kannur in 2016. However, the court later stayed implementation of its order for two weeks on Shaji's plea so that he can approach the Supreme Court.Justice P D Rajan set aside Shaji's election against LDF candidate M V Nikesh Kumar by noting that publishing a pamphlet against voting for a non-believer of Islam amounted to canvassing votes on the ground of religion, a corrupt practice as per Section 123 of the Representation of the People Act, 1951.The rare judgment came on a petition filed by Nikesh through advocate T B Hood. The court barred Shaji from contesting in any election for six years but rejected Nikesh's plea to declare him as elected from the constituency. The court also ordered Shaji to pay Rs 50,000 to Nikesh towards the cost of litigation. The decision will be forwarded to the President for appropriate action. While staying the implementation of the order later, the court directed that the legal cost should be deposited within a week.Nikesh, who lost to Shaji by 2,287 votes in the election, alleged in his petition that Shaji, his agents and other persons had appealed to Muslim voters to vote for him as he is a Muslim. Pamphlets seized by police and special election squad also said votes should not be given to a non-Muslim candidate, he said.Shaji contended that he had not committed any corrupt practice as per the Representation of the People Act and he did not have any affinity towards any religion. The court noted that the pamphlets amounted to a direct request to vote on the basis of religion and amounted to corrupt practice as defined in the Act.The court has scheduled a hearing on Tuesday to decide if Shaji can vote in the legislative assembly or receive remuneration after he contended that his disqualification would mean that his constituency won't be represented.

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