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1952 Supreme(Ker) 6

GOVINDA PILLAI
Thankamma N. Menon – Appellant
Versus
A. M. Thoma – Respondent


Judgment :-

1. The petition is filed under Art.226 of the Constitution of India for directions, orders, or writ of prohibition or any other appropriate writ to the respondents in order that the petitioner may be allowed to continue her membership and retain her seat in the Legislative Assembly and also to direct the 1st respondent, the Honourable Speaker of the Legislative Assembly, Travancore-Cochin State to administer oath to her and to allow her to take her seat in the Assembly. The petitioner was returned unopposed in a bye-election held in August 1951 to the Travancore-Cochin Legislative Assembly with regard to 43, Ernakulam Women Constituency which fell vacant. Her election was duly notified in a Gazette Extra-ordinary dated 10.9.1951. The only other candidate who had filed the nomination paper for this seat was one Dr. Madhavi Amma. 26.8.1951 was the last date fixed for the withdrawal of the nomination paper. That was a period of unrest among the members in the assembly. The ministry had been reconstituted and none from the Cochin members had been included in the Cabinet of Ministers. Some of the members from the Cochin group had even tendered their resignation of their memb



















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