HC quashes Thomas' election for canvassing on communal ground

Kochi, Oct 31 (UNI) The Kerala High Court today held former Union Minister of State for Law and Justice P C Thomas guilty of corrupt electoral practices by seeking votes on religious grounds and set aside his election to the Lok Sabha from Muvattupuzha constitutency on May ten, 2004.

Delivering the judgement on an election petition filed by the defeated candidate P M Ismail of the CPI-M, Justice C N Ramachandran Nair said Mr Thomas had committed corrupt practices under Section 123(3) of the Representation of Peoples Act, 1951, by appealing to the electorate to vote based on community and religion, through printing and circulation of notices and calendars.

'Consequently, his election is liable to be declared void under Section 100(1)(b)of the Act,' the court said.

However, the court stayed operation of the judgment for a month on the request of counsel for Mr Thomas, for preferring an appeal.

Mr Thomas contested as a candidate of the Indian Federal Democratic Party, an ally of the National Democratic Alliance (NDA).

He defeated Mr Ismael by a narrow margin of 529 votes, securing 2,56,411 votes while the CPI(M) candidate got 2,55,882 votes. He later severed his links with the NDA and joined the Kerala Congress (J).

Mr Ismael contended that Mr Thomas won the poll by committing corrupt practices under Section 123(3) and 123(5) of the RPA.

A notice published in the name of the Catholic Congress leader John Kanchiramattom and a calendar of Thomas with a picture of the Pope constituted a direct and unambiguous request to members of the Christian community, particularly Catholics, to vote for Mr Thomas purely on grounds of his religion and community, he said.

The notice published in the name of Mr Kanchiramattom stated that Mr Thomas should be elected for the betterment of the community and he would be the voice of the community at Delhi.

These notices and calendars were printed by Mr Thomas' election agents and distributed by partymen with his consent among voters.

Relying on the evidence of independent witnesses and documents produced by the petitioner, the court concluded that Mr Thomas had committed corrupt practises as per the Act.

The court said the notice published in the name of the Catholic leader was a direct appeal to electors to vote on religious grounds.

The petitioner also alleged that Mr Thomas hired or procured vehicles for transporting voters to polling booths.

UNI XR ARC RP VC1924