The Supreme Court on Tuesday refused to stay the Kerala High Court order that the election petition filed by CPI(M) candidate M. Swaraj, who was defeated by Congress candidate K. Babu in Thripunithura Assembly constituency last time, was a maintainable one.
The High Court had held that a sufficient cause of action for trial to decide whether the election of K. Babu was null and void was made out by the petitioner. The allegation against Mr. Babu was that he had used religious symbols to canvas votes.
The apex court, which declined the plea to stay the election petition on the day, said a detailed hearing in the case would be held later.
While P.V. Dinesh appeared for Mr. Swaraj, Romy Chacko represented Mr. Babu in the apex court.
With the Supreme Court order, the election petition moved by Mr. Swaraj would be considered by the High Court.