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2009 Supreme(Ker) 943

THOTTATHIL B.RADHAKRISHNAN
K. P. Mohandas – Appellant
Versus
State Election Commissioner – Respondent


Advocates appeared:
For the Petitioner:Santheep Ankarath, Advocate. For the Respondents: Murali Purushothaman, SC, K.S.E.COMM.

Judgment :

The petitioner stands disqualified on ground of defection in terms of the provisions of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (herein after referred to as 'the PD Act'). The order of the State Election Commission, declaring him as so disqualified, is under challenge.

2. Exts.P1 and P2 before the Election Commission stood to show that the petitioner was, even going by his own statements, part of a coalition. The United Democratic Front

- UDF, which included the Indian National Congress and the Kerala State Muslim League. The petitioner admits in paragraph 1 of the Writ Petition that, he contested the election with the support of the UDF. Therefore, he is deemed to be a member of the coalition-UDF by virtue of the explanation of Section 2(ii) of the PD Act.

3. The proceedings before the Commission was initiated by the 3rd respondent, who was the President of the Panchayat, against whom a no confidence motion was carried. It was contended in the petition before the Commission that the no confidence motion was carried with the support of the writ petitioner, who voted in favour of that motion and had thus withdrawn from the coalition. The petition









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