P C Thomas appeals in SC against HC order setting aside his election

New Delhi, Nov 19 (UNI) A Member of Parliament from Kerala whose election to Lok Sabha was set aside by the Kerala High Court on October 31, 2006 for using his photographs alongwith that of Pope John Paul during the 2004 general elections, has approached the Supreme Court against the judgement.

Defeated CPM candidate P M Ismail had challenged the election of P C Thomas, who contested as Congress rebel backed by NDA, on the grounds that he had distributed 50,000 phamplets carrying his photographs with the Pope and the local Christian clergy had instructed the Christians to vote for Thomas.

The High Court set aside the election of P C Thomas holding that the case was squarely covered by section 123(3) of the Representation of the People Act, 1951 which prohibits the exploitation of communal and religious sentiments during elections.

The High Court however granted one month's time to Thomas to appeal to the Supreme Court and kept its judgement in abeyance for a month.

Thomas in his appeal filed in the Supreme Court on November 18, has contended that unless and until it is proved that it was done with the consent of the candidate, he cannot be held responsible for the alleged use of the photographs of Pope John Paul and there is no evidence to prove that the petitioner was a party to it and that the pamphlets was distributed with his consent.

Thomas may lose his Lok Sabha seat if the High Court judgement is not stayed latest by November 30, 2006 and P M Ismail of CPM will be declared elected from the seat as per the High Court judgement.

UNI AKS/SC PA RP BD1732