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2015 Supreme(Ker) 1327

ASHOK BHUSHAN, A.M.SHAFFIQUE
M. T. Sandeep – Appellant
Versus
Kerala State Election Commission – Respondent


Advocates Appeared:
For the Petitioners:Shaji Thomas, Binu Paul, T.V. Vinu, B. Rajesh (Kottayam), H. Kiran, Advocates.
For the Respondents:Murali Purushothaman, SC, P.B. Krishnan, P.M. Neelakandan, P.B. Subramanyan, Sabu George, S. Nithin (Anchal), A.C. Devy, Sasidharan, T.K. Aravinda Kumar Babu, Advocates.

JUDGMENT :

A.M. Shaffique, J.

1. The petitioners in W.P.(C)No.4944/2015 has come up in appeal challenging judgment dated 10/07/2015 by which the learned Single Judge had dismissed the writ petition. The writ petition was filed challenging Ext.P29, an order passed by the Kerala State Election Commission (hereinafter referred to as the 'Commission') inter-alia holding that appellants, having moved a no confidence motion against the President of the Panchayat, who was a member of their political party and having voted in favour of the said motion with support of LDF, have become disqualified to continue as members of the Panchayat and from contesting election to any local authority for a period of six years from the date of order in terms with Section 4(3) of the Kerala Local Authorities (Prohibition of Defection) Act.

2. The averments in the case would disclose that separate applications were filed as O.P.Nos.14, 16, 17, 18, 19, 20 and 21 of 2012 by one Sri. P.V. Pathrose, the 2nd respondent herein, inter-alia alleging that the writ petitioners, on account of their action in violating the whip issued by the Congress Party and acting against the interest of Indian National Congress (INC)
















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