The Kerala high court on Monday declared the election of CPM MLA A Raja from Devikulam constituency in Idukki in the 2021 assembly polls as void.
After considering a petition filed by UDF candidate D Kumar, justice P Somarajan held that Raja cannot be considered a member of ‘Hindu Parayan’ community, as he had converted to Christianity long before, and that he is not qualified to fill the seat reserved for a member of a scheduled caste as it violates section 5 of the Representation of Peoples Act, 1951.
The court said in the judgment that Raja could not claim to be a member of the Hindu religion after the conversion and that the returning officer should have rejected his nomination.
The court relied on photographs from his marriage to decide whether the rituals followed were as per Christian or Hindu tradition.
Additionally, the court perused the family register, baptism register, and burial register of CSI Church at Kundala, where Raja was alleged to be a member.
After considering the entries and the photographs of the marriage function, the court said Raja was actually professing Christianity when he submitted his nomination and had converted to Christianity long before that. The election petition was filed on July 7, 2021.
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