HC unseats Kerala MLA for election malpractice

  • | Friday | 18th January, 2019

The latter was facing a misappropriation case at the time of election and the documentary raised several allegations against him. KOCHI: The Kerala High Court set aside on Thursday the 2016 election of Karat Razack from Koduvally assembly constituency in Kozhikode for election malpractice.Justice K Abraham Mathew gave the order cancelling the LDF-aligned Independent MLA's election on a petition filed by two voters, K P Muhammed and Moideen Kunji. The judge, however, turned down a demand to declare his nearest rival, M A Razak of the IUML, as the winner.The court has also stayed its order for a month to allow Razack to file an appeal in the Supreme Court. It said Razack could take part in the assembly proceedings in the meantime but shouldn't vote or receive any benefit.The petitioners alleged that Razack, who won the election by a margin of 573 votes, had screened a documentary defaming his opponent, M A Razak, across the constituency. However, he was later acquitted in the case by a court.The court held that the documentary had influenced voters and said the statements of its cameraman and others showed that it was produced and displayed with the knowledge and permission of Razack.In such circumstances, it should be understood that the election malpractice occurred with the knowledge of the candidate, it said while directing that its judgment be conveyed to the Election Commission and to the assembly Speaker.

KOCHI: The Kerala High Court set aside on Thursday the 2016 election of Karat Razack from Koduvally assembly constituency in Kozhikode for election malpractice.Justice K Abraham Mathew gave the order cancelling the LDF-aligned Independent MLA's election on a petition filed by two voters, K P Muhammed and Moideen Kunji. The judge, however, turned down a demand to declare his nearest rival, M A Razak of the IUML, as the winner.The court has also stayed its order for a month to allow Razack to file an appeal in the Supreme Court. It said Razack could take part in the assembly proceedings in the meantime but shouldn't vote or receive any benefit.The petitioners alleged that Razack, who won the election by a margin of 573 votes, had screened a documentary defaming his opponent, M A Razak, across the constituency. The latter was facing a misappropriation case at the time of election and the documentary raised several allegations against him. However, he was later acquitted in the case by a court.The court held that the documentary had influenced voters and said the statements of its cameraman and others showed that it was produced and displayed with the knowledge and permission of Razack.In such circumstances, it should be understood that the election malpractice occurred with the knowledge of the candidate, it said while directing that its judgment be conveyed to the Election Commission and to the assembly Speaker.

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