A Division Bench of the Kerala High Court on Wednesday directed the State government to file a statement explaining the provisions of the Representation of the People Act, 1951 and election laws, if any, which disqualify an MLA for making disparaging remarks about the Constitution of India.
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The court issued the order on a petition filed by Biju P. Cheruman of Malappuram seeking to declare that Chengannur MLA Saji Cherian is not entitled to hold the office of MLA in view of his outburst against the Constitution.
According to the petitioner, the MLA had insulted the Constitution in a public speech. He submitted that there was a clear violation of Articles 173(a) and 188 of the Constitution and the provisions of the Representation of the People Act, 1951 and election laws.
The government contended that the Constitution envisaged certain parameters and procedures for disqualifying a Member of the Legislative Assembly or the Legislative Council of a State. Even if there was a breach of oath by a minister, it would not call for his/her disqualification as a member of the Assembly or the Legislative Council.
The court adjourned the hearing on the petition to August 2.