From Rosamma Punnoose to Antony Raju: When court verdicts overturned Kerala’s electoral mandates

The conviction of former transport minister and sitting MLA Antony Raju by a magistrate court in a 1990 case involving alleged tampering of evidence has triggered his immediate disqualification under the Representation of the People Act, which bars convicted legislators from continuing in office. However, this is not the first time that court verdicts have overridden the people’s mandate. Kerala has witnessed several such interventions over the decades.

Rosamma Punnoose (CPI), 1957
The first MLA in Kerala to lose membership through a court verdict was Rosamma Punnoose, who won from the Devikulam double-member constituency in the first Assembly election. A rival candidate challenged the rejection of his nomination paper, arguing it lacked valid grounds. The court annulled the election and ordered a fresh poll. Rosamma herself won the by-election, which also became the first by-election in United Kerala.

V R Krishnaiyer and P Kunjiraman, 1960
In the 1960 Assembly election, communist-backed independent candidate V R Krishnaiyer, who lost by 23 votes to Congress candidate P Kunjiraman in Thalassery, moved the court alleging manipulation in vote counting. A recount ordered by the court overturned the result, with Krishnaiyer winning by seven votes, making him the first legislator in Kerala to enter the Assembly through a court verdict.

N Sivan Pillai and A C Jose, 1982
In 1982, the Supreme Court invalidated an Assembly election for the first time in India over the use of electronic voting machines. Congress candidate A C Jose, who lost to CPI leader N Sivan Pillai in Paravur, challenged the election. The court held that sufficient amendments had not been made to the Representation of the People Act to permit the use of EVMs and annulled the election in all booths where voting machines were used. Jose won the subsequent byelection.

R Balakrishna Pillai (Kerala Congress B), 1990
R Balakrishna Pillai became the first MLA in Kerala to be disqualified under the anti-defection law. In January 1990, the Speaker ruled that he had violated the Tenth Schedule by switching sides during the political upheavals of the late 1980s, leading to the loss of his Kottarakkara seat.

Neelalohithadasan Nadar, 1991
In the 1991 Assembly election, Neelalohithadasan Nadar lost his Kovalam seat after double votes cast in his favour were declared invalid. The court subsequently declared Congress candidate George Mascarenhas the winner.

P Jayarajan (CPM), 2001
In 2001, the Supreme Court Constitution Bench invalidated the Assembly membership of CPM leader P Jayarajan, who had won from Koothuparamba, on the ground that he had been sentenced to imprisonment in a criminal case at the time of filing his nomination. He returned to the Assembly after winning the byelection held in June 2005.

K M Shaji, 2018
The High Court annulled the Assembly membership of K M Shaji from Azhikode on charges of distributing pamphlets appealing to religious sentiments. Though he obtained a stay from the Supreme Court, the case became infructuous after he lost the 2021 Assembly election.

A Raja (CPM), 2023
In 2023, Devikulam MLA A Raja was disqualified after the High Court ruled that the caste certificate he produced to contest the Scheduled Caste-reserved constituency was invalid. The Supreme Court later stayed the order.

Higher courts overrule lower judiciary’s verdicts
Several cases in Kerala’s electoral history also show higher courts stepping in to overturn or modify verdicts delivered by lower courts.

C H Mohammed Koya and K M Mani, 1977
The High Court annulled the elections of two serving ministers of the first Antony government — C H Mohammed Koya in Malappuram and K M Mani in Pala — on charges of communal campaigning. The Supreme Court later overturned both verdicts, allowing them to return to the Assembly and the ministry.

M J Zakaria Sait, 1987
The High Court annulled the victory of Muslim League candidate M J Zakaria Sait from Mattancherry on charges of communal propaganda. The Supreme Court subsequently restored his Assembly membership.

O Bharathan, 1991
In Edakkad, the High Court ruled that K Sudhakaran had won after excluding double votes and votes obtained through impersonation, resulting in the loss of O Bharathan’s Assembly seat. The Supreme Court later overturned the verdict and declared Bharathan the winner.

Thampanoor Ravi, 1996
The High Court invalidated the election of Congress candidate Thampanoor Ravi from Neyyattinkara, citing failure to disclose cooperative bank loan arrears and insolvency. The Supreme Court later ruled in his favour.

Joseph M Puthussery, 2001
The High Court annulled the Assembly membership of Joseph M Puthussery of Kerala Congress (M) from Kallooppara over allegations that copies of a false magazine report against rival candidate T S John were distributed in the constituency. The Supreme Court stayed the verdict. While the case was pending, Puthussery won again in 2006, and in 2010 the Supreme Court delivered a favourable verdict.

M J Jacob, 2006
CPM MLA M J Jacob, who won from Piravom, was disqualified by the High Court for distributing defamatory pamphlets against rival candidate T M Jacob. The Supreme Court later overturned the verdict.

PC George, 2015
P C George disqualified by Speaker N Sakthan in 2015 following a petition from the Chief Whip Thomas Unniyadan saying that George engaged in anti-party activities. HC later quashed the Speaker's order.

From the Lok Sabha 
Ibrahim Sulaiman Sait, 1977
The High Court set aside the election of Ibrahim Sulaiman Sait from the Manjeri Lok Sabha constituency for allegedly delivering speeches that promoted religious rivalry. The Supreme Court later ruled in his favour.

Kodikunnil Suresh, 2009
The High Court invalidated the election of Congress leader Kodikunnil Suresh from the reserved Mavelikkara Lok Sabha constituency, holding that he was ineligible to contest. The Supreme Court restored his election, citing evidence of his reconversion to Hinduism and long-standing adherence to Hindu customs.