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2013 Supreme(Ker) 912

A.M.SHAFFIQUE
Babychan Mulangasseri – Appellant
Versus
State Election Commission – Respondent


Advocates Appeared:
For the Appellant : Shaji Thomas, N. Nagaresh, Binu Paul, T.V. Vinu, Murali Purushothaman and Babu Cherukara
For the Respondent: Anzar Basheer and Liji J. Vadakedom

JUDGMENT :

A.M. Shaffique, J.

1. The petitioners challenge Ext. P10 order of the State Election Commission declaring the petitioners as disqualified for being members of Manimala Grama Panchayat and declaring them as disqualified to contest as the candidates in any election of the local authority for a period of six years from the date of the order i.e., 31.10.2012. Petitioners are elected candidates of Manimala Grama Panchayat. They are all members of the political party, Indian National Congress (I.N.C.) which is part of the coalition, the United Democratic Front (U.D.F.).

2. The elections were held in October 2010. The U.D.F. won ten seats, out of which five seats were won by I.N.C. candidates, four of them Kerala Congress (M) and one seat by Indian Union Muslim League. Among the balance five seats three were elected from Left Democratic Front one Bharatiya Janatha Party and other independent.

3. Sri. K.M. Joseph, the 2nd respondent herein was elected as the Congress Parliamentary Party Leader and Chief Whip. He was also elected as the President of the Panchayat duly supported by all other members of U.D.F.

4. Separate Original Petitions were filed by the 2nd respondent herein before

































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