Kerala Assembly Elections 2026: Rise in number of MLAs facing criminal cases

The number of criminal cases involving MLAs in the Kerala Legislative Assembly has seen a spike over the past two decades.

From 69 elected representatives who had declared the details of criminal cases registered against them in 2006, the total number of MLAs facing such cases has gone up to 92 in 2021. In 2011, sixty-seven MLAs had cases pending against them. The number increased to 87 in 2016, according to the Association for Democratic Reforms (ADR) that analysed the sworn affidavits of the candidates filed before the Election Commission of India.

The headcount of elected representatives who faced serious criminal cases had shown an uptick since 2006. Eighteen MLAs who reached the Kerala Assembly after the 2006 elections had faced serious criminal charges that included attempt to murder and atrocities against women. In 2011, 27 of the elected representatives were included under the category. The number went up to 33, accounting for nearly 25% of the total MLAs in 2021.

About 74% of the representatives of the Communist Party of India (Marxist) in the outgoing Assembly had pending criminal cases against them. Nineteen of the Congress MLAs and seven of the representatives of the Communist Party of India (CPI) too faced similar cases. About 60% of the MLAs of the Indian Union Muslim League also declared criminal cases in their affidavits.

Though there is a rise in the number of criminal cases against MLAs, there is difference of opinion on whether it had impacted the electoral and political fortunes of the candidates in the fray. Sebastian Paul, former MP and political commentator, recalled that several elected representatives had been booked mostly for participating in protests and strikes against the anti-people measures of the ruling governments.

“As an elected representative, it is the primary responsibility of the MLA or the MP to speak up against injustice. Their participation in protests is an extension of that resistance,” he said. “I have come across cases in which some elected representatives had mentioned that there were no cases against them. Does that mean they never marched on the street for issues affecting the people?” he asked in a lighter vein. However, Mr. Paul stated that charges related to atrocities against women and financial offences were of serious nature.

‘Not limited to Kerala’

T.P. Sreenivasan, former diplomat, said MLAs facing criminal charges remained a common feature across the States and it was not confined to Kerala alone. “In several of such cases, we can see that the opposing fronts have filed cases against each other for political one-upmanship. Those facing such charges may find it difficult to defend when the allegations are of serious nature,” he said. He pointed out the lack of enthusiasm among the law enforcement authorities to carry out further proceedings in such cases. “It is often used as a tool for victory in elections. There is no follow-up in many of the cases,” he said.

The elected representatives having pending criminal cases against them alleged that their opponents had used the cases as a tool for political vendetta and conspiracy. Former Minister and Left Democratic Front (LDF) legislator Antony Raju, who was disqualified following his conviction in the decades-old evidence tampering case following a drug seizure case booked in 1990, claimed that a probe during the A.K. Antony government in 2002 had proved that he was innocent. “However, an investigation ordered by the Oommen Chandy government just before the 2006 Assembly election and a report submitted within three months led to the present verdict,” he said.

Perumbavoor MLA Eldhose Kunnappilly, who is facing charge of rape, said that the case alone was not the reason for him being denied the ticket this election as others facing criminal charges remained in the fray. He alleged that factionalism within the Congress party and the aspirations of a few might have turned against him. He said that the Kerala High Court had earlier upheld the anticipatory bail granted to him by a Sessions Court. “The hearing for the chargesheet filed by the police is pending in my case,” he said.