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