Kerala HC disqualifies Congress MP

Allowing the election petition of defeated candidate A S Anil Kumar (CPI) and two others, Justice M Shasdhidharan Nambiar found that Suresh was not a member of ‘Cheramar’ community and thereby he was not a Scheduled Caste.

In the 194-page judgment, Justice Nambiar held that he is ‘disqualified’ to contest from the Mavelikkara constituency as it is reserved for the Schedule Castes. The court found that Suresh had produced contradictory caste certificates issued by tehsildars of Kottarakara and Nedumangad.

The court also criticised the action of the returning officer and observed that he should not have accepted the nomination without finding that Suresh is not a member of the Scheduled Caste.

Holding that acceptance of Suresh’s nomination was “improper”, Justice Nambiar directed the Registry to communicate the decision to Election Commission and Speaker of the Lok Sabha immediately.

Suresh, who first entered the Lok Sabha in 1989 from Adoor and subsequently thrice from the same constituency in 1991, 1996 and 1998, was declared elected from Mavelikkara with a majority of 48,046 votes in the 2009 elections.

Adoor ceased to be a Lok Sabha constituency after the delimitation. On his part, Suresh, an AICC Secretary, told reporters that he would appeal against the High Court order in the Supreme Court. He blamed some sections within his party and the Opposition for filing the case behind which he saw a conspiracy.

Challenging the election, the petitioners approached the court complaining that Suresh was not entitled for the benefit of reservation as he does not belong to the Scheduled Caste community.