Supreme Court issues notice on Suresh Gopi's plea against Kerala HC order in Thrissur election case

New Delhi: The Supreme Court on Monday issued notice on a plea filed by Union Minister and BJP leader Suresh Gopi challenging the Kerala High Court's refusal to dismiss an election petition against his victory from the Thrissur Lok Sabha constituency in the 2024 general elections.

A bench comprising Justices P S Narasimha and Alok Aradhe sought the response of the election petitioner, Binoy AS, an All India Youth Federation (AIYF) leader and voter from Thrissur, who has questioned the validity of Gopi's election. Gopi's appeal challenges the Kerala High Court's April 1 order, in which Justice Kauser Edappagath held that the election petition was maintainable and should proceed to trial.

The BJP leader, who is the party's lone Lok Sabha MP from Kerala, had urged the High Court to reject the petition at the preliminary stage, arguing that it was not maintainable. However, the High Court declined the request, ruling that the allegations, except one, required a full trial.

In his election petition, Binoy has alleged that Gopi, his election agent and associates indulged in corrupt practices under Section 123 of the Representation of the People Act, 1951. The allegations include the alleged use of religious symbols to influence voters, promises of gifts, including mobile phones, to secure electoral support, and social media videos purportedly showing Gopi offering monetary incentives to prospective voters.

The petition also alleges that a campaigner associated with Gopi's campaign urged voters to think of a Hindu deity while casting their votes and invoked religious symbols linked to Lord Ram during the election campaign.

While allowing the petition to proceed, the High Court struck down one allegation relating to the distribution of shade umbrellas to vendors at a vegetable market, holding that it did not amount to an electoral malpractice.

"The corrupt practices alleged with regard to the distribution of shade umbrellas to the vendors at the vegetable market mentioned in para 16 of the election petition is struck off. The respondent shall face trial for the other corrupt practices alleged in the petition," the High Court had observed.

Gopi has now moved the Supreme Court seeking to set aside the High Court's order and dismiss the election petition at the threshold.
(With LiveLaw inputs.)