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2004 Supreme(Ker) 430

K.A.ABDUL GAFOOR, K.K.DENESAN
Abdul Haque – Appellant
Versus
Pathumma – Respondent


Judgment :-

K.A. Abdul Gafoor, J.

One and the same person is the appellant. He. is the second respondent in the respective Writ Petitions. He moved Ext.P1 petition before the State Election Commission to disqualify the writ petitioners, in terms of S.3 of the Kerala Local Authorities (Prohibition of Defection) Act 1999 (hereinafter referred to as the Act). The writ appellant and writ petitioners along with 12 others were elected to the Managing Committee of Kannamangalam Grama Panchayat. At the time of election there were two coalitions namely, Vikasana Munnani and Janakeeya Munnani. Political parties named Indian Union Muslim League (IUML) and Communist Party of India (Marxist) (CPI(M)) were constituents of the former. Certain other parties including Indian National Congress (I) (INC(I)) were the constituents of the latter The political - party named IUML fielded four candidates in its official symbol and five independent candidates with different symbol. The writ appellant was as well as the writ petitioners belong to those independent candidates supported by Muslim League. It is an admitted case that soon after the election, coalition named Vikasana Munnani disintegrated and each











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