SC stays HC order nullifying MP’s election
The Kerala high court order setting aside the election of Congress MP Kodikunnil Suresh was stayed by the Supreme Court on Thursday while admitting his appeal against the HC verdict.
Stay of the operation of the HC order is mandatory in any election petition if appeal is filed in the Supreme Court.
A bench of Justices Aftab Alam and A.K. Patnaik, after admitting the appeal, fixed the matter for further hearing on September 16.
The HC had set aside Mr Suresh’s election allowing the petition of CPI candidate A.S. Anil Kumar and two voters from his reserved constituency of Mavelikara on the ground that despite Mr Suresh being a Christian, he had contested the election as a SC candidate.
Mr Suresh’s counsel P.P. Rao, while making an urgent mentioning of the election appeal, submitted that his client had rejoined the Hindu community of dalit, and he was fully entitled to contest as SC candidate. In fact he had contested four elections prior to the 2009 polls and the Election Commission officials never raised objection on his SC status.
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