(Repeating, correcting party name of P M Ismael)

Kochi, Oct 31 (UNI) The Kerala High Court today set aside the election of former Union Minister of State for Law P C Thomas as a Lok Sabha member from Muvatuppuzha constitutency in the state and declared the second placed P M Ismael of the CPI (M) rpt CPI (M) as the winner in the May 10, 2004, polling.

However, following a submission by Mr Thomas' counsel that they wanted to appeal against the order, Justice C N Ramachandran Nair stayed the operation of the order by one month.

Earlier, giving his judgement on the election petition filed by Mr Ismael, Mr Jose K Mani and others, Justice C N Ramachandran Nair accepted the contention of electoral malpractices by Mr Thomas.

Mr Thomas, who contested the 2004 general elections as a candidate of the Indian Federal Democratic Party (IFDP), defeated Mr Ismael by just 529 votes. He later merged his party with Kerala Congress (J).

The petitioner accused Mr Thomas of asking for votes on religious grounds. He allegedly published a calendar containing his photograph along with pictures of the Pope and Mother Teresa.

Pamphlets appealing to the religious minorities were printed by Mr Thomas, the petitioner said, adding his election expenses had exceeded permissible limits. Also, vehicles hired by his supporters had transported voters to polling booths free of cost.

These actions of Mr Thomas constituted corrupt practices under the Representation of Peoples Act and therefore his election should be declared void, the petitioner said.

UNI XR ARC AK VV1704