Supreme Court stays P.C. Thomas' disqualification
Nov 24, 2006 - 11:14:48 PM
, Reviewed by: Priya Saxena
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In his appeal, Thomas said the high court judgement was contrary to the fundamental principles in election law both regarding pleadings and proof. It was based on discrepant evidence, conjectures and surmises.
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By RxPG News Service,
[RxPG] New Delhi, Nov 24 - The Supreme Court Friday stayed the operation of a Kerala High Court judgement setting aside the 2004 election of P.C. Thomas from Muvattupuzha parliamentary constituency.
A three-judge bench comprising Chief Justice Y.K. Sabharwal and Justices C.K. Thakker and R.V. Raveendran granted the stay while admitting an appeal by Thomas.
Thomas, who was then with the National Democratic Alliance -, challenged the Oct 31 high court verdict that also declared his nearest rival candidate P.M. Ismail of the Communist Party of India-Marxist - elected.
The bench said 'pending decision on the appeal, the appellant is only permitted to take part in the proceedings of the House but he will not vote or draw emoluments'. The bench asked respondent Ismail to file his response in four weeks and rejoinder in four weeks thereafter.
Ismail had approached the high court alleging that Thomas had raised religious passions by printing his picture along with that of Pope John Paul II and Mother Teresa and violated election norms.
The high court passed its order on the ground that Thomas, a former union minister, had made religious and communal appeal to voters.
In his appeal, Thomas said the high court judgement was contrary to the fundamental principles in election law both regarding pleadings and proof. It was based on discrepant evidence, conjectures and surmises.
In August, he had merged his Indian Federal Democratic Party - with the Kerala Congress-Joseph, an ally of the Left Democratic Front led by the CPI-M.
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