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2014 Supreme(Ker) 1054

C.T.RAVIKUMAR
Anitha Baby – Appellant
Versus
Kunjappan Painkily – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:R.D. Shenoy (Sr. Advocate) & Legith T. Kottakkal
For the Respondents:K. Ramakumar (Sr. Advocate), S.M. Prasanth, M. Manojkumar (Chelakkadan), Asha Babu, Ammu Charles, Thomas John Ambooken (Sr. Government Pleader) & Murali Purushothaman

JUDGMENT :

1. These Writ Petitions arise from a common order dated 3.5.2014 of the Kerala State Election Commission in O.P.Nos.52, 51 and 53 of 2013 respectively. The petitioners herein have allegedly played different roles in the election to the Presidentship of Thirumaradi Grama Panchayat (for short ‘the Panchayat’) which ultimately found by the Election Commission as amounting to disloyalty and as such sufficient to disqualify them from being members of the said Panchayat under S.3 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (for short ‘the Act’) for having committed defection. Consequently, declarations that the petitioners stood disqualified for being members of the Panchayat as provided by S.3(1)(a) of the Act and also disqualified for contesting as candidates in an election to any local authorities for a period of six years from that date as provided under S.4(3) of the Act have been made by the Election Commission as per the said common order. Therefore, these Writ Petitions carrying challenge against the said common order are taken up for joint hearing and disposal.

2. The aforementioned Original Petitions were filed before the Kerala State Election




























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