President Pratibha Patil, as per the “opinion” of the Election Commission, has disqualified former MP P.C. Thomas from contesting elections for three years from May 19, 2010 for corrupt practices during election.
He has been disqualified under sub-section (1) of the Section 8A of the Representation of the People Act, 1951. The charge against him was that he used his religious background to woo voters.
Mr. Thomas was found guilty under two sections of the Act — 123(3) for circulating leaflets and calendars to seek votes of Christians and 123(5) for using vehicles to transport voters to polling booths during the 2004 Lok Sabha election. He was declared elected on May 10, 2004.
A leaflet dated April 21, 2004, and published in the name of John Kachiramattum, an office-bearer of the Catholic Congress, said Pope John Paul II had exhorted Christians, who comprise about two per cent of the population, not to keep away from the national mainstream. It was also stated that Mr. Thomas had attended the beatification ceremony of Mother Teresa in Rome and that he had kissed the Pope's palm.
After stating that ‘our community' can be proud of Mr. Thomas, a former member of the Catholic Congress, the leaflet compared him to the biblical character, Joseph, who was elevated as ruler by aliens in the presence of Christ.
There was a request in the leaflet to vote for Mr. Thomas who was described as a representative of Christians. The calendar had photographs of Mr. Thomas, the Pope and Mother Teresa.
Court case
The MP's election was challenged by CPI(M) candidate P.M. Ismail in the Kerala High Court. The court on October 20, 2006, set aside his election. Mr. Thomas appealed in the Supreme Court which on September 4, 2009, dismissed his appeal and upheld the High Court order.
Later, the President sought the opinion of the Election Commission.
The latter, after hearing him, sent its opinion to the President on April 9, 2010, suggesting his disqualification.
