New Delhi/Thiruvananthapuram, Feb 12 : In a jolt to the Congress legislator, K. Babu, the Supreme Court on Monday dismissed his petition challenging the maintainability of the election petition filed by CPI(M) leader M. Swaraj in the Kerala High Court that challenged the former's election from the Thripunithura constituency in the 2021 Assembly elections.

Incidentally Babu had approached the apex court challenging the Kerala High Court's order which rejected his preliminary objections to Swaraj's petition.  But the apex court bench pointed out that the objections raised by Babu have no merits and that the High Court's order warranted no interference. 

Swaraj, who lost to Babu in the 2021 Assembly polls, approached the High Court seeking to declare the election of Babu null and void.  Swaraj in his petition pointed out that Babu indulged in corrupt practices which materially affected the result of the election by appealing to the Hindu voters.  The complaint of Swaraj said that Babu allegedly distributed slips to Hindu voters which had the picture of Lord Ayyappa with an inscription that said "your vote is for Ayyappa”. 

Babu then filed a plea before the High Court raising a preliminary objection that the election petition filed by Swaraj suffered from material defects but the High Court, however, decided to proceed with the trial of the election main petition against Babu, following which he approached the apex court.  Babu was the State Excise Minister in the Oommen Chandy government ( 2011-16).