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A petition has been moved in the Kerala High Court seeking a direction to declare that former minister and CPI(M) MLA Saji Cherian is not entitled to hold the office of MLA after his alleged remarks against the Indian Constitution.
After considering the petition, the Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly directed the petitioner to produce relevant provisions of the Representation of Peoples Act or election laws or any orders issued by the Election Commission of India (ECI) in this regard. The petition was moved by a Malappuram native, Biju P Cheruman. While considering the matter, Court observed that, "Article 173 of the Indian Constitution deals with qualification for membership of State Legislature and in the case on hand, being qualified, Saji Cherian, had already been elected as a member of the State Legislature, prima facie, we are of the view that the said Constitutional provision may not be applicable." The Court further said material on record disclosed that on the allegations that Saji Cherian, the fourth respondent, has made statements against the Constitutional provisions, it appears that a crime has been registered under the provision of Insults to National Honour Act, 1971. "Going through the material on record, we do not find any reference to the provisions of the Representation of the People Act, 1951, as regards disqualification of a Member of a Legislative Assembly," said the Court. The petitioner alleged that Saji Cherian publicly insulted the Constitution in a public speech at his political meeting and his conduct is violative of Articles 173(a) and 188 of the Constitution. (ANI)
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