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2009 Supreme(Ker) 705

THOTTATHIL B.RADHAKRISHNAN
P. Chathukutty (Advocate) – Appellant
Versus
Kalpetta Municipality (M-45) – Respondent


Advocates Appeared:For the Petitioner:Sarvothaman, Advocate. For the Respondents: Murali Purushothaman, Sc, K.S.E. Comm.

Judgment :

The petitioner, an elected member of the Kalpetta Municipality, is a member of one of its Standing Committees. Notice of a motion of no confidence against him is given. He challenges that as one intended to tarnish his image. He pleads that the allegation of negligence as against him alone, is beyond comprehension, since it is the collective responsibility of all the members of the committee to act diligently. He also contends that the matter involved in the no confidence motion is sub judice in an election petition challenging his election.

2. A motion of no confidence does not necessarily depend upon the abilities, capabilities or qualities of the person against whom it is moved. That is part of political process. Support to a particular person may depend upon various factors; sometimes even unreasonable in the views of the common man. A no confidence motion does not depend on anything other than the support that it may gather on being moved. If the motion does not gain the support of the required majority, that would fall on the floor

3. The ground, if at all any, for a no confidence motion, is not a matter for consideration by any court or any authority, except that d


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