Kerala High Court scraps Karat Razack's election from Koduvally constituency
Kochi: The High Court on Thursday nullified the election of Karat Razack from Koduvally constituency as an independent candidate supported by the Left Democratic Front on the ground that he had defamed his opponent M.A. Rassak of the United Democratic Front personally during the election campaign in 2016.
The court, however, rejected the demand to declare the UDF candidate as the winner from the constituency. The court quashed the election on a petition by K.P. Mohammad and Muhammad Kunji, two natives of Koduvally.
In a separate order, the single bench has frozen the implementation of the order for 30 days to enable Razack to file an appeal before the Supreme Court. He will be able to attend the Assembly session during the period but is not entitled to any benefits as an MLA.
In November last year, the High Court had disqualified K.M. Shaji representing Azheekod in an election-related case. Shaji has filed an appeal in the Supreme Court against the verdict.
The main charge against Razack is that he had raked up a baseless financial irregularity case against his opponent to defame him.
The court upheld the argument that the campaign unleashed by the LDF against M.A. Rassak amounted to personal defamation. According to the petitioners, the LDF unearthed a non-existent case against the UDF candidate. A case had been filed against M.A. Rassak when he was a ward councillor alleging a fraud of Rs 20,000.
The case was settled later as he was not found guilty. The petitioners alleged that Karat Razack and his supporters traced the then complainant and took a video portraying the UDF candidate as a swindler on the basis of the old incident. The video was widely circulated in the constituency. The complainants pointed out that the campaign was conducted from the vehicle registered in the police station on behalf of the LDF election committee. The High Court and the Supreme Court had earlier rejected the pleas by Karat Razack against considering the election petition.
