NEW DELHI: The Supreme Court has imposed stay on the Kerala High Court’s judgment that invalidated the election of Congress MLA Varkala Kahar from the Varkala constituency.
The decision is on Kahar’s petition against the order of the high court.
The court declared that Kahar can participate in the cabinet proceedings and can vote in polls.
BSP Candidate S Prahaladan, in a petition moved in the high court, contended that the election was itself void as the rejection of his nomination was illegal.
He submitted that the returning officer had illegally rejected his nomination without proper application of mind.
The high court had declared that the returning officer had "improperly" rejected the nomination papers of Prahaladan and found the reason for such rejection- not affixing the stamp for notarisation in the affidavit- to be "unsustainable" thereby declaring Kahar's election as void.
Senior advocate Harish Salve, who appeared in the apex court for Kahar, requested the bench not to make him a scapegoat for the error made by the returning officer.
He added that in Kerala, where UDF has a slight majority, it would create difficulties if Kahar is denied permission to vote in the parliament.
Varkala Kahar had defeated CPM’s A A Rahim on a majority of 10,710 votes.
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