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2018 Supreme(Ker) 824

HRISHIKESH ROY, A.K.JAYASANKARAN NAMBIAR
Eruthavoor Chandran – Appellant
Versus
Kerala State Election Commission – Respondent


Advocates Appeared:
For the Petitioners: Adv. Sri. T.M. Raman Kartha.
For the Respondents: Sri. Murali Purushothaman, SC, K.S.E. Comm., Sri. T.K. Ananda Krishnan, Adv., Sri. V. Philip Mathew.

JUDGMENT :

HRISHIKESH ROY, J.

1. Heard Sri. T.M. Raman Kartha, the learned counsel appearing for the appellants. Also heard Sri. Murali Purushothaman, the learned standing counsel appearing for the 1st respondent and Sri. V. Philip Mathew, the learned standing counsel appearing for the Panchayat (4th respondent).

2. The appellants in these two cases were to vote in accordance with their party's direction but they acted contrary to such direction while voting for the Panchayat President's post, in the Maranallur Panchayat in the election held on 26.11.2012. Both appellants belong to the CPI(M) Party and were directed to vote in favour of the party candidate put up by the CPI party, since under the arrangement of the two parties, it was the CPI's turn for the Presidential post. However, defying the Party directives, the appellant Eruthavoor Chandran deliberately voted in a defective fashion, and thereby invalidating his vote. In so far as the appellant Sri. K. Rajendranis concerned, he failed to cast his vote, feigning illness and getting himself admitted to the hospital. It so turned out that the Presidential candidate put up by the LDF was defeated by a single vote and therefore it is














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