Kerala High Court dismisses election petition challenging Jose K Mani's election as MP from Kottayam

The Kerala High Court on Tuesday dismissed an election petition filed by an independent candidate Noble Mathew backed by the National Democratic Alliance (NDA) who unsuccessfully contested the Lok Sabha elections from Kottayam constituency of Kerala, challenging the election of his opponent Jose K Mani of the Kerala Congress (Mani) party from the said constituency. 

It was alleged by the petitioner that while attending election meetings in areas where opponents to high speed railway project had exhorted for boycotting the election, the Chief Minister had told the gatherings that the project has been dropped. Advertisements to this effect were also given, the petitioner had pointed out while alleging that is it is a corrupt practice. 

Further, the petitioner had alleged that the statements to influence the voters were made by the chief minister with the knowledge and support of Jose K Mani's main poll agent Thomas Chazhikkadan and agents Mons Joseph and Tomy Kallani.

Opposing this, Mr. Jose K Mani through his counsel contended that while it was possible to clearly know who the candidate's agent was, the petition refers to more than one agent. Moreover, the petition fails to say that the chief minister made the statement on the influence or enticement of the candidate, the counsel argued.

 

Jose K Mani, MP from Kottayam constituency

Justice B Kemal Pasha dismissing the election petition filed by Noble Mathew held that the allegation raised against four persons, including the Chief Minister to the effect that they acted as agents of Jose K Mani is unclear. 

The Court held that the petitioner has not been able to produce documents to substantiate that the Chief Minister's statement was made due to the influence exerted by the candidate or his agent. 

Further, the argument that the statement was made with the knowledge of more than one agent cannot be accepted as it is not legally permissible to have more than one agent, the Court said. 

“When there cannot be more than one election agent at the election, it cannot be said that one of the election agents has committed corrupt practice. The submission on the alleged corrupt practice is vague and not specific. Hence the election petition is liable to be weeded out at the threshold itself as not maintainable in the eye of law,” observed Justice Kemal pasha while dismissing the election petition filed by Noble Mathew.