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K. Sivadasan, S/o. Impichikandan – Appellant
Versus
Kerala State Election Commission – Respondent
JUDGMENT :
The writ petitioner, Shri K.Sivadasan won the election as a member to the Koduvally Municipality from Ward No.28, (Koduvally East Ward), East Hill, defeating two candidates. But his hard-won election is surmounted by a legal challenge under the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (hereinafter referred to as the 'Defection Act'). The conundrum faced by Sivadasan is more intricate and a difficult problem for this Court to resolve at the first instance. So Sivadasan came with a review. The review petition was allowed. The matter was heard at length and breadth again. Sivadasan won again from the defeat he suffered by the dismissal of the writ petition through the review.
2. The case of Sivadasan is a creation of the law. Difficulty to understand the law, arising from doubtful preposition added to the disadvantage of Sivadas, before the Election Commission. Paradoxically enough the Court failed to read the law in a perspective which is required, perhaps for the reason that everyone in the litigation failed to understand the ambiguity revolved around arrangement of “coalition” as referred in the Defection Act.
3. Sivadasan submitted the nomination to co
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