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2021 Supreme(Ker) 140

S. MANIKUMAR, SHAJI P. CHALY
P. J. Joseph, MLA, S/o. Late P. O. Joseph – Appellant
Versus
Election Commission Of India Represented By Its Secretary, Nirvachan Sadan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.K.C.VINCENT SRI. GEORGE POONTHOTTAM (SR) SRI.P.B.KRISHNAN
For the Respondent: SRI.JUSTINE JACOB, SMT.ANUROOPA JAYADEVAN, SHRI.ASHRUTH NASER, SRI. G.SHRIKUMAR(SR), SRI. MURALI PURUSHOTHAMAN, SRI.K.GOPALAKRISHNA KURUP, SRI.G.SREEKUMAR(CHELUR), SRI. MANU VYASAN PETER

JUDGMENT :

SHAJI P. CHALY, J.

The captioned appeals are preferred by the petitioners in the writ petition challenging the common judgment of the learned single Judge in W.P.(C) Nos. 18556 and 18638 of 2020, whereby the learned single Judge upheld the order of the Election Commission of India passed in favour of Kerala Congress (Mani), a political party, by a majority of 2:1, granting the symbol 'two leaves', in favour of the group led by Sri. Jose K Mani after finding that there was a split in the Kerala Congress (Mani) resulting in the formation of the two rival groups i.e., one led by Sri. Jose K. Mani and the others led by Sri. P. J. Joseph, each claiming to be that party, invoking the powers conferred under paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968 ('Symbols Order, 1968' for brevity).

2. It was, thus, challenging the legality and correctness of the order passed by the Election Commission of India that the writ petitions were filed by Sri. P.J. Joseph as well as one Sri. Kuriakose P.C alleged to be a State Committee member.

3. The learned single Judge, on assimilation of the factual and legal circumstances, found that the order passed by the Electi

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