New Delhi: The Supreme Court has held that Muslim League leader KM Shaji is not disqualified from contesting in the upcoming elections. The court observed that the High Court’s order disqualifying Shaji in connection with the 2016 Azhikode Assembly election case was issued by exceeding its jurisdiction, holding that the power to impose such disqualification rests with the President of India and not with the High Court.

At the same time, the Supreme Court clarified that since KM Shaji’s term in the Legislative Assembly has already ended, it is not interfering with the High Court’s finding regarding alleged electoral malpractice.

The main allegation in the case filed by rival candidate Nikesh Kumar was that, during the 2016 Assembly election, Shaji had distributed pamphlets aimed at fomenting communal hostility. After hearing the case, the High Court had barred KM Shaji from contesting elections for six years.

However, appearing for Shaji, advocate Haris Beeran pointed out that under Section 8(A) of the Representation of the People Act, the authority to decide on disqualification rests with the President.

Accepting this argument, a bench comprising Justices BV Nagarathna and Ujjal Bhuyan stated that the High Court had overstepped its jurisdiction in this matter. The Supreme Court noted that once electoral malpractice was found, the issue should have been referred to the President.

The term of the 2016 Legislative Assembly ended in 2021. In this context, the election petition has lost its relevance. Therefore, the Supreme Court observed that the High Court’s findings on electoral malpractice no longer have any bearing.

Will Shaji contest again? asks Justice Nagarathna; Haris Beeran says elections have not been announced yet

While hearing arguments on whether KM Shaji would contest in the upcoming Assembly elections, Justice BV Nagarathna raised the question. The query was directed at Haris Beeran, Muslim League leader, Rajya Sabha MP, and counsel for Shaji.

Instead of giving a direct answer, Haris Beeran replied that the elections have not yet been announced. Justice Nagarathna then asked how old Shaji was. Beeran responded that he is 54. Justice Nagarathna remarked that in that case, he could still contest elections.

Senior advocate PV Dinesh, appearing for MV Nikesh Kumar, pointed out that the people had “punished” Shaji in 2021 for the irregularities committed in the 2016 election.

Senior advocate PV Dinesh and advocate Ann Mathew appeared for Nikesh Kumar. Senior advocate Nikhil Goyal and advocates Haris Beeran and Marsooq Bafaqi Thangal appeared for KM Shaji.