The Supreme Court on Monday permitted to continue the trial of a petition filed in the Kerala High Court in connection with the electoral victory of IUML leader Najeeb Kanthapuram from the Perinthalmanna Assembly constituency.
However, the Supreme Court clarified that during the trial, the High Court could consider whether an election can be challenged based on the violation of the guidelines issued by the Election Commission.
While considering the appeal of Kanthapuram to quash the case filed by his opponent in the election, KPM Musthafa, the apex court viewed it as not ideal to deliver a sentence without holding a trial. The HC had also previously dismissed the petition.
Earlier, LDF candidate in the 2021 Kerala Assembly elections, KPM Musthafa, filed a petition claiming irregularity in counting postal votes. The petitioner pointed out that the counting of votes was done in violation of the guidelines issued by the Election Commission. But senior lawyer Abhishek Manu Singhvi and lawyer Haris Beeran, who appeared in the Supreme Court for Najeeb Kanthapuram, argued that the election cannot be challenged based on violation of guidelines.
Appearing for Musthafa, senior counsel CU Singh and Advocates EMS Anam and MS Vishnu Shankar pointed out that apart from the violation of guidelines, there are also irregularities in counting votes. Following this, the Supreme Court refused to act on the plea of Kanthapuram and he withdrew the appeal.
Further, the apex court also stated that Kanthapuram has the right to raise issues, including those concerning the guidelines, during the trial. LDF candidate KPM Musthafa challenged the victory of Najeeb Kanthapuram by questioning the decision of the returning officer to declare 340 postal votes invalid. Musthafa claims that more than 300 of these votes were cast in favour of him. Kanthapuram had a majority of just 38 votes.
