Kerala HC rejects plea to disqualify former minister Saji Cherian from assembly

The petitioner contended that by publicly insulting Constitution, Cherian violated Articles 173 (a) and 188 of the Constitution of India which underline the qualifications and oath sworn by a legislator

The Kerala high court on Thursday rejected a petition seeking to disqualify CPI(M) legislator Saji Cherian from the assembly in view of his speech allegedly insulting Constitution.

The court also sought the opinion of election commission before dismissing the plea. (File image)

Petitioner Biju V Cheruman sought an order from the court declaring Cherian, also a former minister, not entitled to hold the office of the legislator in view of his controversial speech.

After hearing the petitioner, the election commission and other division bench of chief justice M Manikumar and justice Shaji M Chali dismissed the petition.

The petitioner contended that by publicly insulting Constitution in a function, Cherian violated Articles 173 (a) and 188 of the Constitution of India which underline the qualifications and oath sworn by a legislator.

However, advocate general K Gopalakrishna Kurup submitted that according to Articles of 191 and 192, there are certain parameters and procedures to disqualify a member of the legislative assembly.

The court also sought the opinion of election commission before dismissing the plea.

Cherian, former minister in Pinarayi Vijayan cabinet, had courted a controversy in July while speaking at a programme in Pathanamthitta, in which he made several remarks against Constitution that triggered widespread outrage.

Five days after the speech, he resigned from the cabinet.

“The Constitution was fine-tuned adding democracy and secularism here and there to make it beautiful. But its exploitative part is quite evident. We proudly followed it in 75 years. It condones labour exploitation. That is why Ambani, Adani and their ilk grow here,” he had said.

Later, police also registered a case against Cherian under Section 2 of the prevention of insults to national honour act based on a complaint filed by a lawyer Baiji Noel.

Police however, told a court in Pathanamthitta last week that there wasn’t much evidence to proceed against him but the petitioner said he will approach the high court.

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