Supreme Court Rules No Disqualification for K.M. Shaji to Contest Elections
NEW DELHI: The Supreme Court has ruled that Muslim League leader K.M. Shaji is not disqualified from contesting in elections. The apex court clarified that the disqualification previously imposed on Shaji by the High Court in the 2016 Azhikode Assembly election case was an order that exceeded its jurisdiction.
However, the Supreme Court added that it would not interfere further with the High Court’s earlier judgment beyond clarifying the disqualification status, as K.M. Shaji’s legislative term for the 2016 Assembly has already concluded.
The case stemmed from allegations, including the distribution of pamphlets promoting religious animosity, which were raised against K.M. Shaji by his rival candidate, Nikesh Kumar, during the 2016 Azhikode Assembly elections. The Kerala High Court, after considering the case, had subsequently barred K.M. Shaji from contesting elections for a period of six years.
During the Supreme Court proceedings, Advocate Haris Beeran, appearing for Shaji, argued that under Section 8(A) of the Representation of the People Act, the authority to decide on disqualification rests with the President, not the High Court.
Subsequently, a bench comprising Justices B.V. Nagarathna and Ujjal Bhuyan concurred with this argument, stating that the High Court had indeed exceeded its jurisdiction in this matter. The Supreme Court noted that, given the findings of election irregularities, the issue should have been referred to the President for a decision. Furthermore, the term of the 2016 Assembly concluded in 2021, rendering the original election petition devoid of practical relevance. Consequently, the Supreme Court clarified that the High Court’s findings regarding election irregularities no longer hold legal pertinence in the current context.
Senior Advocate P.V. Dinesh and Advocate Ann Mathew appeared on behalf of Nikesh Kumar. Representing K.M. Shaji were Senior Advocate Nikhil Goyal, along with Advocates Haris Beeran and Marzook Bafaki Thangal.