New Delhi: The Kerala high court has stayed for two weeks its decision to disqualify an Indian Union Muslim League (IUML) MLA for six years. K.M. Shaji had been accused of making communal remarks while campaigning in Azhikode constituency in Kannur district in 2016.
Earlier in the day, K.M. Shaji had been disqualified by the court, which had also asked the Election Commission to conduct fresh elections in the constituency.
Justice P.D. Rajan of the Kerala high court had set aside Shaji’s election on a petition filed by CPI(M) candidate M.V. Nikesh Kumar, who had contested against him in 2016. Kumar had lost to Shaji by around 2,000 votes. Kumar had claimed that Shaji had appealed to all Muslims to vote for him as he was a practising Muslim and a follower of the faith.
The CPI(M) candidate, who is also a journalist, had also submitted a pamphlet before the court that Shaji was alleged to have used to urge all Muslims to vote for him. “Non-Muslims have no place in the kind Allah’s abode. In their final days, they will never cross the path to heaven. They are to sleep with the devil. All Muslims, please pray to Allah for the victory of he who prays 5 times a day for our safety – K Mohammad Shaji or KM Shaji. Please vote for KM Shaji and lead him to victory,” the submitted pamphlet read.
Taking serious note of the charges, the high court had disqualified Shaji for six years. It directed the EC to conduct fresh elections in the constituency and also urged the speaker to take appropriate action. However, the court did not declare Kumar the winner of the 2016 polls and only ordered that Shaji pay him Rs 50,000 as court expenses.
Also read: EC Recommends Disqualification of 20 AAP MLAs for Holding ‘Office of Profit’
After the court pronounced its judgment, Shaji asserted that he has “always stood for secular values”. Noting that he would move the high court to seek a stay on his disqualification, he added: “I must admit that I am ashamed to get such a verdict.”
He declared that he would “discuss with legal experts before moving the Supreme Court” in the matter. A part of the Congress-led United Democratic Front, the IUML had also stated that it would go through the judgment before taking a call on filing an appeal.
Subsequently, Shaji moved the high court seeking a stay on his disqualification. He appealed that the constituency would be deprived of an elected member till the Supreme Court would decide his plea, which he intended to file against the high court order. Adjudicating on the matter, Justice Rajan gave a two-week stay on the disqualification.