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2015 Supreme(Ker) 836

A.M.SHAFFIQUE
MONCY THUMPUNKAL – Appellant
Versus
KERALA STATE ELECTION COMMISSION – Respondent


Advocates:
Advocate Appeared:
FOR THE APPELLANT :SENIOR ADVOCATE SRI.K.RAMAKUMAR, SRI.M.P.MADHAVANKUTTY, SMT.SMITHA GEORGE
FOR THE RESPONDENT: SRI.MURALI PURUSHOTHAMAN, SC, SRI.P.RAJESH (KOTTAKKAL)

JUDGMENT

This writ petition is filed challenging Ext.P3, an order passed by the Kerala State Election Commission on 26/07/2011 in O.P. No.69/2010, by which it is declared that the writ petitioner has been disqualified from being Councilor of Changanaserry Municipal Council as provided under section 3 of the Kerala Local Authorities (Prohibition of Defection) Act (hereinafter referred as 'the Act') and from contesting as a candidate in any election to the local authority for a period of six years from the date of order. This order came to be passed in a petition filed by the second respondent herein, under section 4 of the Act.

2. The short facts involved in the filing of Original Petition No.69/2010 before the Commission are as under;

Writ petitioner and the second respondent were elected as members of the Municipality in the year 2010. They belong to the political party, Kerala Congress (M) [hereinafter referred as 'KC(M)']. Out of 37 wards in the said Municipality, 21 were won by United Democratic Front (for short 'UDF'), a coalition, out of which six were from KC(M). UDF got majority to rule the Municipality. A meeting was convened on 06/11/2010 to elect the parliamentary party o



























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