Thiruvananthapuram: The Supreme Court on Tuesday partially restored Muslim League leader K.M. Shaji’s membership of the Assembly, allowing him to attend the House but not vote or avail financial benefits.
The three-judge bench of Justices A.K. Sikri, Ashok Bhushan and M.R. Shah stayed the judgment of Kerala High Court, which had set aside the election of Mr Shaji from Azhikode constituency, disqualifying him for six years on the grounds that he had made communal remarks during electioneering and appealed to voters to cast their ballots in favour of the UDF on the basis of his religion.
The top court bench admitted Mr Shaji’s appeal and fixed the last week of January to the hear petition under the non-miscellaneous category. On November 22, Chief Justice Ranjan Gogoi had granted him the same relief but declined a written order or a stay on the HC annulment. Based on this, the Assembly secretary subsequently issued an order, stating that Mr Shaji would have to keep out of the House.
Mr Shahi commented, after getting the SC stay that the Legislature Secretary would have to revoke his order to let him enjoy the status granted by the apex court. The Assembly session resumes normal business on Wednesday.
Senior advocate Kapil Sibal appeared for Mr Shaji while Mr V Giri appeared for Mr Nikesh Kumar, who filed the petition in HC challenging Mr Shaji’s election.
The High Court on November 9 disqualified Mr Shaji for six years and directed the Assembly speaker and the Election Commission to take appropriate action.
Mr Shaji contests the main charge of circulating a pamphlet to canvass votes on religious grounds. He said the prosecution had not been able to trace the source of the pamphlet, which was blatantly communal. If he is found to be its author, he is ready to undergo any punishment, he said.
