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2004 Supreme(Ker) 90

K.BALAKRISHNAN NAIR
Naseera Beevi – Appellant
Versus
State Election Commission – Respondent


Judgment :-

1. The petitioners are the members of Navaikulam Grama Panchayat in Thiruvananthapuram district. They are challenging Ext.P11 order of the Election Commission. By the said order, the Commission has held that they have voluntarily given up the membership of their political party and therefore, they have ceased to be the members of the above said Panchayat and are disqualified to be candidates to contest any election to the local bodies for a period of 6 years. The brief facts of the case as pleaded by the petitioners are the following:-

2. In the election to the committee of Navaikulam Grama Panchayat held in September 2000, the candidates mainly belonged to two political fronts. For convenient reference, the fronts are called 'A' and 'B' fronts and the party of the petitioners is described as 'C' Party. The petitioners belong to 'C' party and they contested in the symbol of that party. Their party is part of'A' front and the rival political group is the 'B' front. The total strength of the Panchayat Committee was 17.11 members were elected from 'A' front and 6 members from 'B' front. All the 11 elected members of 'A' front belonged to 'C' Party. After the election, the p








































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