Kurien questions suit against election to Rajya Sabha

Kochi, June 20 (UNI) Prof P J Kurien today questioned the jurisdiction of the Munsiff court to entertain civil suit on his election to the Rajya Sabha.

In a counter affidavit filed before the court, Mr Kurien submitted that the suit filed by Globy George and another seeking declaration that he was not competent to hold the post of A Rajya Sabha member was not maintainable.

According to Mr Kurien, the jurisdiction of the civil court was totally ousted by section 170 of the Representation of People Act.

He submitted that the voters in election to the membership of the Rajya Sabha were the elected members of the Kerala Legislature Assembly and they did not oppose his candidature. Thus the election became final.

The Civil Court had no jurisdiction to declare or adjudicate whether a candidate for election to Rajya Sabha was eligible or not, he claimed.

It was submitted that the suit as well as the injunction petition had been filed at the behest of some ''frustrated persons'' solely to gain cheap publicity.

Another application had also been filed to hear the injunction petition urgently.

UNI XR PN VV RR DB2006