Supreme Court upholds the maintainability of M. Swaraj’s election petition against K. Babu in 2021 Kerala Legislative Assembly elections

Today (February 12, 2024), the Supreme Court (SC) bench consisting of Justice Aniruddha Bose and Justice PV Sanjay Kumar dismissed the petition filed by Congress MLA K. Babu from Kerala challenging the maintainability of the election petition moved by M. Swaraj, CPI(M) (Communist Party of India (Marxist)) leader, in the Kerela High Court against the former’s election to Kerala legislative assembly from the Thrippunithura constituency in 2021. K. Babu approached the top Court against the decision of the Kerala HC which rejected his preliminary objections to M. Swaraj’s petition. While addressing the case, the bench observed that the objections raised by the Congress MLA have no merits. 

In 2021, Babu was elected from Thrippunithura pipping Swaraj by a margin of 992 votes. After this, Swaraj approached the HC seeking to declare Babu’s election null and void. He further alleged that Babu used corrupt practices that materially affected the result by appealing to Hindu voters on the grounds of religion. It was alleged that Babu distributed slips to Hindu voters with Lord Ayyappa’s picture with an inscription stating ‘Your vote is for Ayyappa’. The bench today upheld the maintainability of the election petition by M. Swaraj against K. Babu concerning the latter’s election to the Kerala legislative assembly in 2021.