The Supreme Court on Tuesday overturned the Kerala High Court’s decision that invalidated the election of CPM legislator A Raja from the Devikulam Assembly constituency in the 2021 Kerala Legislative Assembly polls.

The apex court bench, consisting of Justices AS Oka and Ahsanuddin Amanullah, upheld Raja’s appeal against the March 23, 2023 High Court ruling. The High Court had previously annulled Raja’s election on the grounds that he was not a member of the 'Hindu Parayan' community within the state, which was a requirement for contesting from a Scheduled Caste-reserved seat.

Delivering the verdict, Justice Amanullah declared that Raja remains entitled to all privileges associated with being an MLA and dismissed the election petition filed by rival candidate D Kumar. “The impugned judgment rendered by the High Court is set aside and the election petition stands dismissed. The appellant is entitled to all consequential benefits as a member of the legislative assembly for the entire period," said Justice Amanullah. The official copy of the judgment is yet to be made available.

SC had reserved its verdict in the matter on September 26 last year. During hearings, the bench had questioned why Raja’s caste certificate was not directly challenged before the High Court and raised concerns over how the High Court invalidated the election without examining the certificate’s legitimacy.

On April 29, 2023, the top court had stayed the High Court order, allowing Raja to continue attending Assembly sessions. However, the interim relief came with restrictions—he was barred from voting on any motion or receiving allowances or monetary benefits during the period.

D Kumar had initially contested Raja’s eligibility under Section 5 of the Representation of the People Act, 1951. The provision mandates that individuals contesting from seats reserved for Scheduled Castes or Tribes must be members of such communities within that specific state and must be elected to the legislature from a constituency in that state.

According to Kumar, Raja’s family lineage traced back to Tirunelveli in Tamil Nadu, from where his paternal grandparents migrated to Kerala in 1951. He also claimed that Raja’s parents had converted to Christianity in 1992 and that Raja himself had been baptised and had a Christian wedding. Kumar argued that objections regarding Raja’s nomination, raised before the Returning Officer, were dismissed without due justification. Raja eventually won the seat with a margin of 7,848 votes.

Kumar further alleged that the ‘Hindu Parayan’ community was recognised as a Scheduled Caste in Tamil Nadu, not in Kerala, thereby questioning Raja’s eligibility.

In his defence, Raja asserted that he was indeed a member of the Hindu Parayan community within Kerala. He explained that his father received a Christian name after his grandparents prayed at a local church seeking a child. Raja also clarified that his mother’s name was Easwari—not Esther—and maintained that both his parents were Hindus who never converted. He denied being baptised and also refuted claims that his marriage followed Christian rituals.
(With Live Law Inputs)