The Supreme Court on May 6 overturned a Kerala High Court ruling that had annulled the election of CPI(M) MLA A Raja from the Devikulam Assembly constituency. This major decision reinstated Raja's position as a Member of the Legislative Assembly and dismissed the election petition filed by his rival candidate D. Kumar.
A bench comprising Justice A.S. Oka and Justice Ahsanuddin Amanullah allowed Raja’s appeal against the High Court’s judgment dated March 23, 2023. The Kerala High Court had previously declared Raja’s election invalid, citing that he was not a valid member of the ‘Hindu Parayan’ community in Kerala—an essential qualification to contest from the Scheduled Caste-reserved Devikulam constituency.
Read Also:-Supreme Court Dismisses Woman’s Claim Over Red Fort, Citing Lack of Merit
“The impugned judgment rendered by the High Court is set aside and the election petition stands dismissed. The appellant is entitled to all consequential benefits as a member of the legislative assembly for the entire period,” stated Justice Amanullah while pronouncing the Supreme Court verdict.
The detailed copy of the Supreme Court's judgment is awaited.
Earlier, in September 2023, the Supreme Court had reserved its judgment after raising important concerns during the hearings. The bench questioned why Raja's caste certificate was never directly challenged in the High Court and how the High Court could annul his election without reviewing the certificate's validity.
Read Also:-Supreme Court Orders New Forensic Report in Biren Singh Audio Clip Case
On April 29, 2023, the Supreme Court had temporarily stayed the Kerala High Court’s ruling. This interim relief allowed A Raja to attend assembly sessions, but barred him from voting on motions or receiving any financial benefits as an MLA.
The legal battle originated when D. Kumar filed an election petition before the Kerala High Court, alleging that Raja violated Section 5 of the Representation of the People Act, 1951. This section requires that candidates contesting from a Scheduled Caste-reserved seat must belong to that Scheduled Caste within the state.
According to Kumar, Raja’s paternal grandparents had migrated from Tirunelveli, Tamil Nadu to Kerala only in 1951, and Raja’s parents had converted to Christianity in 1992. Kumar also claimed Raja himself was a baptized Christian and married under Christian rituals.
Read Also:-Supreme Court Modifies Bombay HC Order on Badlapur 'Fake' Encounter, Directs DGP to Form SIT
It was further alleged that the objection to Raja’s nomination was wrongly rejected by the Returning Officer without proper justification. Raja went on to win the seat by a margin of 7,848 votes.
The petitioner maintained that Raja did not belong to the ‘Hindu Parayan’ caste recognized in Kerala, but to the same caste listed under Tamil Nadu, making him ineligible for reservation in the state of Kerala.
In his defense, Raja stated that he was indeed a Hindu Parayan in Kerala. He explained that his father had received a Christian name due to prayers offered in a church by his grandparents during a childless phase, but they never converted to Christianity. He also denied being baptized and rejected the claim that he married under Christian rites.
The Kerala High Court, however, had found inconsistencies in Raja’s documentation. It referred to the Family Register, Baptism Register, and Burial Register from the CSI Church in Kundala, Kerala, noting suspicious corrections, overwrites, and erasures. Photographs of his wedding were also considered by the High Court, which concluded:
“All these would sufficiently show that the respondent was actually professing Christianity at the time when he had submitted his nomination and converted to Christianity long before its submission. As such, after the conversion, he cannot claim as a member of Hindu religion,” the High Court stated in its March 2023 order.
The Supreme Court, however, found merit in Raja’s arguments and ruled that the High Court's decision lacked legal backing as the validity of his caste certificate had not been directly contested. The apex court’s ruling now secures Raja’s position as the elected representative from Devikulam with all associated rights restored.
Case details: A. RAJA v. D. KUMAR| C.A. No. 2758/2023
Appearances: Senior Advocate V. Giri (A Raja) and Senior Advocate Narender Hooda (D. Kumar)
