The Supreme Court on Tuesday overturned the Kerala High Court’s March 2023 verdict that had annulled the election of CPI(M) leader A Raja as Member of the Legislative Assembly (MLA) from the Devikulam constituency in Idukki district, restoring his membership and entitling him to all consequential benefits.
A bench of Justices Ahsanuddin Amanullah and Prashant Kumar Mishra allowed Raja’s appeal, concluding that the high court’s judgment was unsustainable. “The impugned judgment rendered by the high court is set aside and the election petition stands dismissed,” the bench declared.
The case stemmed from a challenge by Congress leader D Kumar, who had contested the 2021 Assembly elections and lost to Raja by 7,848 votes. Kumar had alleged that Raja was ineligible to contest from Devikulam, a seat reserved for the Scheduled Caste (SC) community, claiming Raja was a Christian and had submitted a fraudulent caste certificate.
However, Raja maintained that he belonged to the Hindu Parayan community of Kerala and presented a caste certificate issued by the Devikulam Tahsildar. He further asserted that he had never converted to Christianity, had not been baptised, and that his marriage had been conducted in accordance with Hindu customs.
The high court, agreeing with Kumar’s assertions, had previously found Raja’s responses evasive and indicative of an attempt to hide his Christian identity. It cited photographic evidence, wedding attire, and other documents suggesting Raja and his family professed Christianity, making him ineligible for SC reservation under the Hindu Parayan classification.
It had also ruled that Raja failed to prove ancestral migration to Kerala before the Presidential Order of 1950, which is a requisite for recognition under the SC category in the state. As a result, the court declared Raja’s 2021 election void under Section 98 of the Representation of People Act, 1951.
However, the Supreme Court has now dismissed the allegations and upheld the validity of Raja’s election, bringing a decisive end to the nearly two-year-long legal battle. The top court had reserved its verdict on Raja’s appeal in September 2023.
