The Supreme Court on Tuesday (May 6, 2025) upheld the 2021 Assembly election win of Devikulam MLA and CPI(M) leader A. Raja while setting aside a Kerala High Court decision invalidating the poll result to the reserved seat.
Justice Ahsanuddin Amanullah, in a judgment, found his disqualification as a legislator by the High Court invalid.
The apex court ordered that Mr. Raja should receive all the consequential benefits of the judgment in his favour.
The High Court had found him ineligible for Scheduled Caste reservation on the ground that he was a Christian convert. It had ordered Mr. Raja to stand trial.
The Supreme Court had stayed the High Court decision in 2023.
The court refused to accept the arguments of Congress candidate D. Kumar, who had list the election to Mr. Raja.
Mr. Kumar had challenged the identity of Mr. Raja as a member of the ‘Hindu-Parayan’ community and cast doubts on the validity of the caste certificate of the CPM leader.
In his appeal in the apex court, Mr. Raja had said he was a member of a Scheduled Caste, namely ‘Hindu-Parayan’ by birth and professing Hindu religion all through his life. Mr. Raja said he was born on October 17, 1984, professed the Hindu religion and was accepted by the ‘Hindu-Parayan’ caste as their member.
He had argued that Mr. Kumar had never challenged the authenticity of his documents. The High Court, in its judgment, had not discussed or even referred to the certificates submitted by him while holding that he was not a member of Hindu-Parayan caste.
“Can he be denied the benefit of Scheduled Caste for declaring his election from the Devikulam Legislative Assembly Constituency, which is reserved for the Scheduled Caste, as void, on the basis of an alleged conversion to Christianity which was neither pleaded nor proved by the respondent (Kumar),” the appeal had asked.
The appeal had questioned whether the High Court had been right in denying the benefit of SC status to Mr. Raja in spite of proving the fact that his paternal grandparents had migrated to the erstwhile Travancore State (now Kerala) before 1950 and continued to permanently reside in Kerala thereafter.
Published – May 06, 2025 11:09 am IST