Disqualified IUML lawmaker moves SC challenging his unseating by Kerala HC

Indian Union Muslim League (IUML) lawmaker in the Kerala Assembly K.M. Shaji on Tuesday moved the Supreme Court challenging his disqualification by the Kerala High Court for violating election code of conduct for making communal overtures during his election campaign.

Shaji has sought ad interim ex parte stay of the operation of the November 9 order of the High Court unseating him and disqualifying him from contesting election for the next six years.

The Indian Union Muslim League is a part of Congress-led United Democratic Front which is in opposition after its defeat in the 2016 assembly elections. The IUML is the second biggest constituent of the UDF.

The High Court while unseating Shaji for corrupt practices in breach of the election code of conduct, had under the Representation of the People Act, disqualified Shaji from contesting election for six years from the date of judgement.

Shaji had won the Azhikode constituency in Kannur district in a bitterly fought battle by a margin of 2,462 votes. He was representing the Azhikode constituency in the earlier House as well.

Contending that the High Court had committed a "grave error," Shaji has said, "Section 98 and Section 99 of the R.P. Act read with Section 8A make it amply clear that the High Court does not have the requisite power to disqualify him" for six years.

He has contended that under Section 8A of the R.P. Act "it is the President of India who is the competent authority to determine the question as to whether the petitioner is to be disqualified."

--IANS

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