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The three judges of the Supreme Court ordered a conditional suspension of the verdict, allowing Shaji to attend the sittings of the badembly.
The Supreme Court on Tuesday ordered the conditional suspension of the Kerala High Court ruling, which quashed the election of Azhikode Muslim League MP KM Shaji. The three judges of the court – AK Sikri, Ashok Bhushan and MRS Shah – heard Shaji's petition and set the last week of January for a new hearing in this case. The court, however, said that even if Shaji could attend the meeting, he would not be able to vote or receive a salary, according to the Live Law report.
The Kerala High Court on November 9 had set aside Shaji's election following a petition from journalist and CPI candidate (M) MV Nikesh Kumar, who had contested and lost the Azhikode seat in May 2016 In his petition, Nikesh alleged that Shaji used common remarks in the run-up to the 2016 elections. "Nikesh said Shaji had distributed flyers asking Muslim voters not to vote for non-Muslim candidates. The pamphlet, consulted by TNM, indicated that non-Muslims would not cross the path to heaven.
"All Muslims, please pray to Allah for the victory of one who prays five times a day for our safety – K Mohammad Shaji or KM Shaji.Please, vote for KM Shaji and lead him to Victory, "reads the pamphlet.
In his verdict, the High Court deprived Shaji of all the benefits of his deputy status and even sentenced him to pay 50,000 rupees as Nikesh Kumar The High Court even banned Shaji from participating in the elections for the next 6 years, after which the High Court itself suspended the verdict for a period of two weeks during which Shaji appealed to the Supreme Court concerning its exclusion
The Supreme Court of 22 November declared that the suspension would not be extended.
On Monday, while the suspension of the High Court lasted two weeks and the SC did not extend the duration of the suspension, the Kerala badembly issued a bulletin confirming that KM Shaji was no longer part of the 14th badembly. President P Sreeramakrishnan even stated that he would not allow Shaji to attend the meetings of the badembly, although the Oversight Committee had stated orally that he could attend the meeting. the badembly although his election was canceled.
Reasoning that oral submissions of the Supreme Court can not be considered a judgment, the President said that with the decision of the Supreme Court to terminate the suspension of the Supreme Court and that the SC would no longer have ordered, the Assembly should abide by the HC verdict.
With the conditional suspension of the Supreme Court's decision, Shaji would be able to attend the badembly sessions from November 27th.
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