The Kerala High Court on Wednesday dismissed an interim application filed by Union Minister of State and actor Suresh Gopi, which sought to challenge the maintainability of an election petition filed against his 2024 Lok Sabha victory from the Thrissur constituency. Justice Kauser Edappagath ruled that the Minister must face trial to address allegations of “corrupt practices” during his campaign, marking a significant legal hurdle for the BJP’s first-ever Lok Sabha member from Kerala.
The legal challenge stems from an election petition moved by Binoy A.S., a native of Thrissur and a leader of the All India Youth Federation (AIYF). Binoy contested the validity of Gopi’s election, alleging that the campaign involved “corrupt practices” as defined under Section 123 of the Representation of the People Act, 1951.
Suresh Gopi scripted a historic win in the 2024 General Elections, ending the BJP’s decades-long political drought in Kerala by securing the Thrissur seat with a substantial lead of over 74,686 votes. Following his victory, he was appointed as the Union Minister of State for Petroleum, Natural Gas, and Tourism.
In the primary petition, Binoy A.S. alleged that Suresh Gopi and his campaign team engaged in several improper activities to influence voters:
- Misuse of Religious Symbols: The petitioner claimed that Gopi used religious imagery and symbols during the campaign to appeal to voters on communal lines.
- Corrupt Practices: The plea alleged that monetary incentives or other benefits were promised to voters, violating the sanctity of the electoral process.
Suresh Gopi had filed an interim application questioning the maintainability of this petition, arguing that the allegations lacked sufficient grounds to warrant a full trial.
Justice Kauser Edappagath, after hearing the arguments regarding the maintainability of the petition, rejected Gopi’s application. While the court has struck off certain minor specific allegations from the original petition—such as the distribution of umbrellas in local markets—it maintained that the core charges of corrupt practices and the misuse of religious symbols are triable issues.
The court observed that the challenge to the maintainability of the election petition failed on the primary grounds raised by the Minister. “The respondent (Suresh Gopi) shall face trial for other corrupt practices alleged in the election petition,” the court noted while dismissing the interim application.
This ruling means that the Thrissur MP will have to undergo a full judicial trial where evidence will be examined to determine if his election victory was tainted by illegal practices. If the court eventually finds merit in the petitioner’s claims, it could potentially lead to the election being declared void, although such a conclusion remains subject to the trial’s findings and subsequent appeals.
The High Court has stated that the detailed order regarding the dismissal of the maintainability plea is awaited.
