Kerala High Court sets aside Cong MLA`s election
Kochi: The Kerala High court on Tuesday set aside the election of Congress MLA Varkala Kahar from Varkala constituency, holding it "illegal."
However, the operation of the order has been suspended for a month on Kahar`s plea to enable him to file appeal in the Supreme Court.
Allowing the election petition of BSP Candidate S Prahaladan, Justice S S Sateeshchandran earlier declared Kahar`s election as void and directed the Registry to communicate the decision to the Legislative Assembly Speaker and Election Commission.
Shortly after pronouncement of the order, Kahar filed a plea to keep in abeyance the order to enable him file appeal.
Accepting the plea, the judge suspended the operation of the order for a month subject to certain conditions.
The court made it clear that Kahar should not participate in deliberations or vote in any matter. However, he was eligible to be present and sit in the Assembly and is free to draw perks and remuneration as Member of the house.
Prahaladan had contended that the election itself was "void" as the rejection of his nomination was illegal. The returning officer had illegally rejected his nomination without proper application of mind, he stated.
Accepting his plea, the court held that rejection of the nomination was `illegal` following which the election to the constituency was declared void. The returning officer had "improperly" rejected the nomination papers of Prahaladan and the reason for such rejection, not affixing the stamp for notarisation in the affidavit is found to be "unsustainable," the judge said.
More from India
More from World
More from Sports
More from Entertaiment
- Heat ave continues in India, death toll climbs to over 1,400
- Megastar Amitabh Bachchan slapped with Rs 1 crore notice
- Kenyan lawyer offers to marry Barack Obama's daughter Malia
- 4 Indians in Forbes' 100 most powerful women list
- Gujjar stir: HC asks Rajasthan govt to clear rail track, roads
- Maggi likely to face ban in India!
- Salman Khan accident files burnt in Mantralaya fire
- AIB: The 'Third Gender's right to dignity'
- Gujjar stir: HC asks Rajasthan govt to clear rail track, roads- Part II
- TERI panel finds RK Pachauri guilty in sexual harassment case
- Rajasthan: High Court raps Chief Secy, DGP for failing to end Gujjar agitation
- Erstwhile Mysuru kingdom gets new king
- Priyanka, Ranveer talk about their film 'Dil Dhadakne Do'
- Former Bihar CM Jitan Ram Manjhi meets PM Modi
- Meet 92-year-old Phyllis Sues who dances toTango
- CBSE Class 10 (Class X Board) Result 2015 on cbse.nic.in, cbseresults.nic.in at 2 pm
- Sonia Gandhi 'unconstitutional authority' during UPA: PM Narendra Modi
- Hours after attacking NDA govt, Manmohan Singh meets PM Narendra Modi
- Check cbseresults.nic.in, cbse.in for CBSE Class 10 X Board Result at 2 pm
- GUJCET Results 2015 declared on gseb.org
- Centre moves SC against Delhi HC order on LG's powers; hearing on Friday
- Pakistan break Team India's long-standing ODI record at home soil
- Gujjar agitation: Centre sending additional forces to vacate rail tracks, say sources
- Rahul Gandhi takes another dig at NDA govt, says Manmohan gave lessons on economy to PM Modi
- Log on to cbseresults.nic.in, cbse.nic.in at 2 pm for Class 10th Result 2015
- Former Bihar CM Jitan Ram Manjhi meets PM Modi, triggers tie-up speculation
- WBCHSE (wbchse.nic.in & wbresults.nic.in): West Bengal Class 12th Result to be declared on May 29
- Gujarat Board Results 2015: Gujarat Board HSC class 12th science results to be declared today at 9 AM on gseb.org
- CBSE (cbseresults.nic.in, cbse.nic.in) Class 10th (X Board) Result 2015 declared
- Watch: Dance guru Prabhudheva's mind-blowing act in 'Happy Hour' from 'ABCD2'!