Kerala HC Dismisses Plea Against CPIM MLA on Alleged Remarks Against Indian Constitution

Kerala High Court

The Kerala High Court on Thursday dismissed a petition file by Malappuram native Biju P Cheruman seeking to declare that former Minister and Present CPIM MLA Saji Cherian is not entitled to hold the office of the post of MLA after his alleged remarks on the Constitution of India.

The Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly While considering the matter, 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.”
“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 petition was moved by Malappuram native Biju P Cheruman in July this year.

Biju P Cheruman in its petition had contended 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 of India.

Cherian courted controversy while addressing a CPIM programme at Mallappally in Pathanamthitta district and had said in his remark that India’s Constitution can be used to “loot” the people of the country. “Indian constitution can exploit people. British prepared it, Indians wrote it and implemented it. It’s been 75 years. India wrote a beautiful constitution that can be used to loot. In that constitution, there are few places that have references to secularism, democracy but it can be exploited,” he said.

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-Ashish Kumar Sinha -Editor Legally Speaking -Ram Nath Goenka awardee - 14 Years of Experience in Media - Covering Courts Since 2008