The Kerala High Court on Thursday declared void the election of LDF-supported Independent candidate Karat Abdul Razak from the Koduvally Assembly constituency in Kozhikode district.
The court set aside the election after it found Mr. Razak guilty of corrupt practices under Section 123(2) and (4) of the Representation of People Act. The court further held that the corrupt practice by the LDF candidate had affected the result of the election prejudicial to the interest of UDF candidate. Mr. Razak had won the seat by defeating his immediate rival Indian Union Muslim League (IUML) candidate M.A. Razak by 573 votes.
The court, however, refused the plea of the petitioners that the UDF candidate be declared elected from the constituency.
Meanwhile, the court stayed the operation of the verdict for 30 days to enable Mr. Razak to file an appeal in the Supreme Court. The stay was subject to the condition that he could participate in the proceedings of the Assembly but cannot vote and receive remuneration.
Justice K .Abraham Mathew passed the judgment while allowing a petition filed by K.P. Mohammed and another voter from the constituency challenging the election of the LDF candidate. The petitioner had alleged that Mr. Razak and his agents had screened a video across the constituency during the election campaign touching on the personal character of the UDF candidate with a view to tarnishing his image.
The court said the allegation that Mr. Razak and his agent had made a video containing false charge that the UDF candidate had misappropriated money and screened it across the Assembly constituency was proved beyond any doubt. The court held that that it had influenced the voters and affected the prospects of the UDF candidate.
The court observed that the LDF candidate was responsible for the preparation and propagation of the video and thereby had exerted undue influence on the voters.
