Kerala HC junks plea against Union minister Suresh Gopi’s election

Kochi: A high court bench of Justice Kauser Edappagath has dismissed a petition filed by Joshi Villadom challenging the election of Union minister Suresh Gopi from Thrissur in the 2024 Lok Sabha elections. The court allowed an interlocutory application (IA) filed by Gopi challenging the maintainability of the petition filed by Villadom, who had contested as an independent candidate.HC had earlier dismissed Gopi's preliminary objection in another election petition filed by A S Binoy of Thrissur. The court had held that the petition was maintainable, observing that Gopi would have to face trial on the allegations of corrupt practices. Gopi's senior counsel had submitted that the affidavit accompanying Villadom's petition, based on allegations of corrupt practices, did not comply with requirements of Representation of the People Act. While dismissing the petition, HC observed that the averments contained therein could not, by any stretch of imagination, be construed as allegations of corrupt practices as envisaged under the provisions of the Act and thus, did not disclose any triable issue. Villadom had alleged that Gopi, who contested as a BJP candidate, committed corrupt practices under the Act by appealing on religious grounds, including by attending the Holy Mass in Catholic churches. It was further alleged that BJP members had appealed to Christian voters to vote in favour of the party. The petition also alleged that Gopi had presented a golden crown to the Thrissur Lourdes Church on Jan 15, 2024, which was not made of pure gold. However, HC observed that none of these allegations constituted corrupt practices as defined under Section 123 of the Act. It further noted that there was no specific allegation that any such acts were carried out by Gopi to further his electoral prospects or to prejudice the election of any other candidate. The court also noted that there was no allegation that Gopi had appealed for votes on the ground of his own religion, and that the claims were vague in nature. It held that the election petition, read as a whole, did not disclose any cause of action or triable issue. Accordingly, HC allowed Gopi's application challenging maintainability and dismissed the election petition in limine.