KM Shaji, the Muslim League MLA whose election was set aside by the Kerala High Court over communally coloured remarks during his 2016 campaign, has once again moved the High Court, this time filing a petition citing new evidence in his favour.

Shaji’s MLA status was invalidated by the High Court on November 9, 2018, following a petition by journalist and CPI(M) candidate MV Nikesh Kumar. The main evidence cited by the High Court for invalidating Shaji’s MLA status was a ‘pamphlet’, allegedly distributed by him during his 2016 election. The pamphlet contained communally coloured statements seeking to draw Muslim votes.

Shaji's election had been invalidated after Valapattanam Sub-Inspector Sreejith Koderi said that the pamphlet was seized in a police raid on May 12, 2016, at local UDF leader NB Manorama’s house.

However, in new evidence submitted to the Kerala High Court, Shaji states that the pamphlet was not seized in the police raid and the seizure Mahazar (a list of things seized) after the raid does not contain the pamphlet. This, Shaji says, is contrary to the police statements submitted to the High Court earlier.

Shaji has told the court that a person, identified as Abdul Nasar KT, son of Abdul Rahman KT, residing in Ferry house Valapattanam, handed over the pamphlet to the Valapattanam police. As proof, he has submitted the seizure mahazar, from May 13, 2016 to the High Court.  The document, Shaji alleges. clearly mentions that place of seizure of the pamphlet was the Valapattanam police station, which means that Nasar had gone to the station to submit the pamphlet.

The election of KM Shaji - the IUML MLA who won from the Azhikode constituency in Kerala, was invalidated by the Kerala High Court on November 9 this year. The verdict was delivered following a petition by Nikesh Kumar, a CPI (M) candidate who had contested and lost from Azhikode during the 2016 elections. The court also asked the MLA to compensate Nikesh Kumar with Rs 50,000 and asked the Speaker of the Assembly and State Election Commission to take necessary action following the verdict.

Nikesh Kumar’s demand to be declared the winner in the Azhikode constituency was, however,  rejected by the court which directed that re-elections be held. Nikesh had alleged that Shaji had distributed pamphlets asking Muslim voters not to vote for non-Muslim candidates.

On the other hand, a case was registered against Shaji for threatening and abusing the Valapattanam SI Sreejith Koderi, on December 8, 2018.