HC disqualifies Muslim League MLA for communal poll campaign in 2016

Agencies
November 9, 2018

Kochi, Nov 9: The Kerala High Court Friday declared as invalid the election of Indian Union Muslim League MLA K M Shaji on a plea claiming that he indulged in a communal campaign, amounting to corrupt practices, to win the 2016 assembly polls.

Disqualifying Shaji, who had won from the Azhikode seat, Justice P D Rajan also barred him from contesting polls for six years.

The judge, however later stayed his order for two weeks on a plea by Shaji's lawyer, seeking adequate time to file an appeal in the Supreme Court against the verdict.

The MLA would continue to be a legislator for this brief period, legal experts said.

The IUML, a partner in the Congress led opposition United Democratic Front, won 18 seats in the 140-member assembly in the 2016 elections.

One IUML member passed away last year.

The court Friday also directed the Assembly Speaker and the Election Commission to take appropriate action.

It gave the judgement on the plea by LDF candidate M V Nikesh Kumar, who contested against Shaji.

The court directed Shaji to pay Rs 50,000 as costs to Kumar.

It, however, declined Kumar's plea that he be declared the winner of the polls.

The stay was granted on condition that Shaji deposit Rs 50,000 within a week to facilitate him file an appeal before the apex court.

In his petition, Kumar alleged that Shaji won by a margin of 2,287 votes using corrupt practices.

He accused Shaji of having violated the norms prescribed under various sections of the Representation of People's Act to win the elections.

Kumar had alleged that Shaji, who belongs to the Muslim community, had appealed to voters, his agents and other people to vote for the UDF candidate on grounds of religion.

He also charged that pamphlets were circulated in the constituency urging people not to vote for a candidate who is not a believer of Islam.

Kumar had accused Shaji and his agents of circulating another pamphlet with an aim to lower his reputation.

Reacting to the judgement, Shaji said he would move the Supreme Court against the order.

Denying that he had indulged in a communal campaign, Shaji said he stands for secularism and an accusation contrary to that was a 'humiliation' to a person like him.

He said people who know him would not believe such allegations.

Leader of the Opposition in the Kerala Assembly, Ramesh Chennithala, said the UDF would fight the case legally.

He also claimed that Shaji's credentials as a secular leader was 'unquestionable'.

Welcoming the judgement, CPI(M) Kannur district secretary P Jayarajan alleged it had been proved that the IUML candidate used 'heinous means' like communal campaign to win the polls.

He also urged UDF leaders to accept the verdict and get ready for the bypoll in the constituency, instead of adopting other means like taking to legal recourse to retain Shaji's post.

Comments

Peacelover
 - 
Friday, 9 Nov 2018

If it is the fact very good same policy and rule to be implemented on modi n yogi for campaingnine with Hindu religion.

 

Jai Hind

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News Network
April 29,2024

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Mysuru, Apr 29: Veteran politician and incumbent Chamarajanagar MP V Srinivas Prasad breathed his last at 76.The stalwart BJP leader, who had been battling health issues, succumbed to a severe heart attack, leaving behind a void in Karnataka's political arena.

A Dalit leader in the Old Mysuru region, Prasad was in Congress but joined the Bharatiya Janata Party before the 2018 Karnataka Assembly elections following a fallout with Chief Minister Siddaramaiah. The two had recently met in Mysuru and discussed the political scenario in the state.

Prasad extended support to the Congress in the Lok Sabha election 2024 and this is being seen as a crucial factor in the SC-reserved Chamarajanagar constituency, which Prasad represented in Parliament. On April 2, Prasad’s relatives and supporters joined Congress.

He served as a Union minister from 1999 to 2004 as the Loka Jana Shakthi MP. In the Karnataka Assembly elections, he was elected twice as an MLA and served as the state’s revenue minister.

Prasad, known for his distinguished political career spanning over five decades, was admitted to Manipal Hospital in Bengaluru due to urinary tract-related complications and age-related ailments.

However, his condition deteriorated rapidly, leading to his untimely demise in the wee hours of Monday.

Born on August 6, 1947, in Ashokapuram, Mysuru, Prasad's political journey was marked by significant milestones. He represented Chamarajanagar constituency as MP for an unprecedented seven terms and had derved as MLA from Nanjangud constituency twice.

He had held key ministerial portfolios including Minister for Food and Civil Supplies in the Atal Bihari Vajpayee government and Minister for Revenue and Muzrai in the Siddaramaiah-led Karnataka government.

He had joined the BJP officially in December 2016 and was elected as MP from Chamarajanagar again in 2019, showcasing his enduring popularity among constituents.

Prasad's demise has plunged the political fraternity and his supporters into mourning. His family members, political associates, and well-wishers are gathering to pay their final respects as his mortal remains are being transported from Manipal Hospital to his residence in Jayalakshmipuram, Mysuru.

The Exhibition Grounds in Mysuru will witness a stream of mourners as Prasad's mortal remains will be kept for public viewing, allowing people from all walks of life to bid farewell to their beloved leader.

Prasad's name had come up in the 'Tehelka tapes' controversy, after the sting operation by magazine Tehelka to expose defence deals under the Atal Bihari Vajpayee-led NDA government. The tapes showed Samata Party leader Jaya Jaitley allegedly telling an arms dealer to deposit money with Prasad, who was then in Bengaluru. However, Prasad denied these claims, saying he was in Mysuru at the time, and also sued Tehelka for defamation.

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News Network
May 1,2024

Hassan MP and Lok Sabha election candidate of the BJP-JD(S) alliance Prajwal Revanna, who is facing an inquiry over the alleged sexual abuse of several women, said the truth will prevail.

The MP, who left the country as soon as the election to his constituency ended, has also sought seven days' time to appear before the Special Investigation Team (SIT) formed by the Karnataka government to inquire into the huge cache of about 3,000 explicit videos and photos allegedly pertaining to him, which have gone viral on social media.

“As I am not in Bangalore to attend the enquiry, I have communicated to CID Bangalore through my advocate. Truth will prevail soon,” Prajwal, grandson of former prime minister and JD(S) patriarch H D Deve Gowda, said in a post on X.

A case has been registered against MLA and former minister H D Revanna and his son Prajwal at Holenarasipura on a complaint lodged by their former cook and relative for allegedly sexually harassing her.

She also alleged that Prajwal made video calls to her daughter and spoke in an objectionable manner, which forced her to block him.

The MP who is seeking re-election from Hassan on a JD(S) ticket, shared a letter by his lawyer Arun G to the Deputy Superintendent of Police of the SIT, in which he has sought seven days' time to appear before the official because he is abroad.

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News Network
April 23,2024

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The Karnataka government's decision to categorise the entire Muslim community as a backward caste for reservation purposes in the state has drawn criticism from the National Commission for Backward Classes (NCBC), which said such blanket categorisation undermines the principles of social justice.

According to the data submitted by the Karnataka Backward Classes Welfare Department, all castes and communities within the Muslim religion have been enlisted as socially and educationally backward classes under Category IIB in the State List of Backward Classes.

The NCBC, during a field visit last year, examined the state's reservation policy for OBCs in educational institutions and government jobs.

"All castes/communities of Muslim religion of Karnataka are being treated as socially and educationally backward classes of citizens and listed as Muslim Caste separately under Category IIB in the State List of Backward Classes for providing them reservation in admission into educational institutions and in appointments to posts and vacancies in the services of the State for the purpose of Articles 15(4) and 16(4) of the Constitution of India," the NCBC said in a statement on Monday night.

This categorisation has led to the provision of reservation benefits for 17 socially and educationally backward castes under Category I and 19 castes under Category II-A, respectively.

The NCBC said the blanket categorisation of Muslims as a backward caste undermines the principles of social justice, particularly for the marginalised Muslim castes and communities identified as socially and educationally backward.

However, the NCBC emphasised that while there are indeed underprivileged and historically marginalised sections within the Muslim community, treating the entire religion as backward overlooks the diversity and complexities within Muslim society.

"The religion-based reservation affects and works against ethics of social justice for categorically downtrodden Muslim castes/communities and identified socially and educationally backward Muslim castes/communities under Category-I (17 Muslim castes) and Category II-A (19 Muslim castes) of State List of Backward Classes. Hence, socially and educationally backward castes/communities cannot be treated at par with an entire religion," the NCBC stated.

The NCBC also voiced concern over the impact of such reservations on the overall framework of social justice, particularly in the context of local body polls.

While Karnataka provides 32 per cent reservation to backward classes in local body elections, including Muslims, the Commission stressed the need for a nuanced approach that accounts for the diversity within these communities.

According to the 2011 Census, Muslims constitute 12.92 per cent of the population in Karnataka.

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