Kerala HC Rejects Pleas for Disqualifying Saji Cheriyan from MLA Post

Last Update: December 08, 2022, 13:24 IST

Saji Cherian resigned from the Pinarayi Vijayan cabinet over his controversial remarks against the Constitution.  (Photo: Twitter/@cpimspeak)

Saji Cherian resigned from the Pinarayi Vijayan cabinet over his controversial remarks against the Constitution. (Photo: Twitter/@cpimspeak)

The petitions claimed that Cherian’s actions attracted disqualification under Section 9 of the Representation of the People Act, 1951.

The Kerala High Court on Thursday dismissed two petitions seeking declaration of CPI(M) legislator and former state minister Saji Cheriyan as disqualified from continuing as legislator in view of his speech allegedly insulting the Indian Constitution. .

The order was passed by a bench of Chief Justice S Manikumar and Justice Shaji P Chali.

Advocate Dipulal Mohan appeared on behalf of the party. Election The commission confirmed the dismissal of both the petitions.

Detailed command not yet available.

The petitions claimed that Cherian’s actions attracted disqualification under Section 9 of the Representation of the People Act, 1951.

Section 9 of the Act states that “a person who has held an office under the Government India or has been dismissed for corruption or for disloyalty to the State under the Government of any State, shall be disqualified for a period of five years from the date of such dismissal.” It was also argued in the pleas that Cherian’s conduct was violative of Article 173(a) and Section 188 of the Constitution and a case has also been registered against him under the Insult to National Honor Act, 1971 in connection with his controversial speech.

The speech sparked a political controversy in the state, with proceedings in the state assembly being suspended for a day due to protests by the opposition, which demanded Cherian’s resignation or sacking, and eventually 6. He was resigned from his cabinet posts on July.

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