KOCHI: The Kerala high court on Thursday nullified the election of MLA Karat Razack from Koduvally constituency Justice K Abraham Mathew issued the order cancelling the election of the independent MLA aligned with the LDF after considering a petition filed by voters KP Muhammed and Moideen Kunji. However, the court declined the demand for declaring MA Razak Master of IUML as the winner.After delivering the judgment, the court has stayed its order for a month so as to allow filing an appeal before the Supreme Court . While issuing a stay, the court has specified that Karat Razack can take part in Legislative Assembly proceedings but shouldn’t vote or receive benefits.The petitioners had alleged that Karat Razack had made a documentary defaming his opponent MA Razak and that an issue in which MA Razak was later acquitted by a court was used by Karat Razack for the documentary to defame his opponent.Karat Razack had won with a margin of 573 votes. At the time of election, his opponent was facing a case regarding alleged misappropriation from a housing project as a panchayat member. The case was later disposed by the court. In the documentary, several allegations were raised against the candidate, including that he was the reason for the panchayat losing the plus two courses allotted to it.While allowing the petition, the court held that the documentary influenced the voters and created a prejudice among the voters against Karat Razack’s opponent. Though the margin of the winning candidate was low, they were successful in obtaining what they intended through the documentary, the court said.Further, the court pointed out that the statement of the cameraman and others show that the documentary was produced and displayed with the knowledge and permission of Karat Razack. His election agent appeared in the documentary and raised allegations against the candidate that was defeated. The statement of the vehicle driver is that the documentary was displayed across the constituency and there is nothing before the court to show otherwise. In such circumstances, it should be understood that the election malpractice occurred with the knowledge of the candidate and his election agent, the court held while quashing the election of Karat Razack. The court has directed for conveying the judgment to the Election Commission and to the Speaker of Legislative Assembly.

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