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2018 Supreme(Ker) 95

A.K.JAYASANKARAN NAMBIAR
Rama Bhaskaran – Appellant
Versus
Kerala State Election Commission, Represented by its Secretary – Respondent


Advocates Appeared:
For the Petitioners: V.V. Asokan, K.I. Mayankutty Mather, Jose Joseph (Chemplayil).
For the Respondents: Murali Purushothaman, P. Haridas, P.C. Shijin, George Abraham Pachayil.

JUDGMENT :

A.K. JAYASANKARAN NAMBIAR, J.

1. In all these writ petitions the common order dated 13.10.2017 of the Election Commission in O.P. No. 79 of 2015, O.P. No. 80 of 2015 and O.P. No. 81 of 2015 are impugned. These matters pertain to an election to the Mallappuzhahassery Grama Panchayath, where, to the 13 seats to which election was held in November 2015, the United Democratic Front (UDF) won five seats, the Left Democratic Front (LDF) four seats, Bharatiya Janata Party (BJP) three seats and an Independent one seat. The components of the UDF, which won the five seats, comprised of the Congress, which won three seats, Janada Dal (U) one seat and Kerala Congress one seat. Similarly, under the LDF, the Communist Party of India (Marxist) CPI (M) won three seats and the Communist Party of India (CPI) one seat. The elected members, then proceeded to hold the election to the post of President on 19.11.2015. It is not in dispute that there was no whip issued either by the UDF or by the JD (U). The petitioner in W.P. (C) No. 33329 of 2017 is a person, who contested as a member of the JD (U), which formed part of the UDF coalition that was formed for the purposes of contesting the electi




























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