SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2009 Supreme(Ker) 814

THOTTATHIL B.RADHAKRISHNAN
Shiney Augustine – Appellant
Versus
Kerala State Election Commission – Respondent


Advocates Appeared:For the Petitioner:Devan Ramachandran, V.K. Peermohamed Khan, Sumesh Kumar N.C., K.M. Aneesh, Advocates. For the Respondents:Murali Purushothaman, SC, K.S.E. Commission, V.V. Raja, R. Ranjith, Advocates.

Judgment :

1. Vannappuram Grama Panchayat has 16 members. Going by the pleadings, five of them, including the writ petitioner and the second respondent, belonged to Kerala Congress (J). The writ petitioner was elected President of that panchayat. A.J.Jose belonging to CPI (M) was elected Vice President. A motion of no confidence signed by different members, including the writ petitioner, was carried against A.J.Jose on 13.11.2008.

2. The second respondent filed Ext.P1 petition before the Kerala State Election Commission, hereinafter, "Commission", for short, seeking a declaration that the writ petitioner has ceased to be a member of the panchayat. She was attributed of having voted against a direction, duly issued to her to vote against the aforesaid no confidence motion. She was also charged of having voluntarily given up the membership of the political party to which she belonged. After hearing the evidence of witnesses, including the second respondent herein as P.W.1 and two other members of the Kerala Congress (J) as P.W.2 and R.W.1 and considering the documentary evidence, the Commission issued Ext.P3 order, overruling the writ petitioner's objections contained in Ext.P2 and ho
















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top