The Supreme Court on Monday issued notice on an appeal filed by Union Minister and Bharatiya Janata Party (BJP) leader Suresh Gopi challenging the Kerala High Court’s refusal to dismiss an election petition questioning his victory in the 2024 Lok Sabha elections from the Thrissur constituency.
A Bench of Justice P.S. Narasimha and Justice Alok Aradhe sought the response of Binoy A.S., a voter from Thrissur and an All India Youth Federation leader, who has challenged Gopi’s election.
The appeal assails the April 1 judgment of Justice Kauser Edappagath of the Kerala High Court, which held that the election petition disclosed triable issues and was maintainable, warranting a full-fledged trial.
Gopi, the BJP’s lone Member of Parliament from Kerala, had sought dismissal of the election petition at the preliminary stage, contending that it did not disclose any valid grounds under the Representation of the People Act, 1951.
The election petition alleges that Gopi, his election agent and others associated with his campaign indulged in corrupt practices under Section 123 of the Representation of the People Act. Among the allegations are that Gopi appealed to voters by invoking religious symbols, promised gifts including mobile phones to influence voters, and that videos circulating on social media showed him offering monetary incentives to prospective voters.
Binoy also alleged that one of Gopi’s campaigners urged voters to remember a Hindu deity while casting their votes and invoked religious symbols associated with Lord Ram during the campaign.
While rejecting Gopi’s preliminary objections, the Kerala High Court had struck off one allegation relating to the distribution of shade umbrellas to vegetable vendors, holding that it did not constitute an electoral malpractice. However, it directed that the remaining allegations of corrupt practices be examined during trial.
Aggrieved by the High Court’s refusal to dismiss the election petition in its entirety, Gopi has approached the Supreme Court seeking to have the proceedings quashed at the threshold.
The matter will now be considered after the respondent files his reply.
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