Allegations of Corrupt Practices to Proceed to Trial; One Charge Struck Off
The Kerala High Court has ruled that the election petition filed against BJP MP Suresh Gopi, elected from the Thrissur Lok Sabha constituency in the 2024 general elections, will proceed to trial. The petition, filed by elector Binoy A.S, alleged corrupt practices under the Representation of the People Act, 1951. Justice Dr. Kauser Edappagath delivered the judgment on April 1, 2026, overruling preliminary objections raised by Suresh Gopi regarding the petition's maintainability.
The petition accused Suresh Gopi and his agents of engaging in corrupt practices, including bribery and the misuse of religious symbols, during the election campaign. The court examined the allegations under Sections 123(1)(A) and 123(3) of the Representation of the People Act, which define corrupt practices related to bribery and religious appeals, respectively.
The court dismissed several objections raised by Suresh Gopi, including claims of procedural non-compliance with Sections 81(3) and 83 of the Act. Justice Edappagath emphasized that substantial compliance with the statutory provisions was sufficient, noting that the absence of the words "True Copy" on the petitioner's attestation did not constitute a fatal defect.
However, the court struck off one of the seven allegations related to the distribution of shade umbrellas, citing insufficient material facts and particulars. The remaining allegations, including those involving the distribution of gifts and the use of religious symbols, were found to have adequate details to proceed to trial.
The judgment clarifies that the election petition process is governed by strict statutory requirements, but allows for some flexibility to ensure the integrity of the election process. The case will now move to trial, where the allegations will be examined in detail.
Bottom Line:
Election Petition - Allegations of corrupt practices under Sections 123(1)(A) and 123(3) of the Representation of the People Act, 1951 must contain concise material facts and full particulars to disclose a cause of action and establish triable issues.
Statutory provision(s): Representation of the People Act, 1951 Sections 81(3), 83(1)(a), 83(1)(b), 83(2), 86(1), 123(1)(A), 123(3); Civil Procedure Code, 1908 Order VI Rule 16
Suresh Gopi v. Binoy A.S, (Kerala) : Law Finder Doc id # 2876607
