New Delhi [India], May 6 : The Supreme Court on Tuesday has set-aside the Kerala High Court's decision to invalidate the 2021 election of Communist Party of India (Marxist) (CPI(M) Devikulam MLA , A Raja from Devikulam constituency in Kerala.
A bench of Justices Ahsanuddin Amanullah and Prashant Kumar Mishra upheld A. Raja's election and dismissed the election petition filed against him. The bench also granted him all consequential benefits as a member of the Kerala Legislative Assembly which the CPI (M) leader had lost due to the cancellation of his election by the High Court.
The Kerala High Court had in March, 2023 held A. Raja's election from Devikulam in the 2021 State assembly elections as void, by ruling that the seat in the concerned constituency had been reserved for a Schedule Caste (SC) candidate.
The High Court had reasoned that since A. Raja was professing Christianity at the time, his election to a seat reserved for an SC candidate was invalid as per the Representation of the People Act, 1951. Raja's election had been challenged by D. Kumar, the Congress candidate from the concerned constituency.
Raja had challenged the High Court's decision by moving the top-court. On Tuesday, the Court allowed Raja's appeal and reinstated him as an MLA.