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2023 Supreme(Ker) 293

N. NAGARESH
Sujith Sreerengum, S/o P. K Krishna Pillai – Appellant
Versus
Sunil Sradheyam, S/o Gangadharan, Sradheyam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.S.SREEKUMAR (SR.), SRI.ARUN.B.VARGHESE, SMT.AISWARYA V.S.
For the Respondent: SRI.NANDAGOPAL S.KURUP, SRI.DEEPU LAL MOHAN, SRI.ABHIRAM T.K.

JUDGMENT :

Aggrieved by Ext.P1 order of the State Election Commission of Kerala dismissing Ext.P1 petition for declaration of disqualification filed under Sections 3 and 4(1) of the Kerala Local Authorities (Prohibition of Defection) Act, 1999, the petitioner is before this Court.

2. The writ petitioner and the 1st respondent were elected as Members of Ward No.7 and Ward No.11 respectively of the Mannar Grama Panchayat, in the General Elections to the Local Self Government Institutions held during December, 2020. According to the petitioner, both of them were official candidates of Indian National Congress (INC), a constituent of United Democratic Front (UDF). After the elections, the petitioner and the 3rd respondent filed Form-2 Declarations showing their allegiance to Indian National Congress party.

3. There are 18 Wards in the Panchayat. Nine wards were won by the UDF, eight by the LDF and one by the BJP. One Radhamani Saseendran was the official candidate of the UDF, for the post of President. The Alappuzha District Congress Committee gave direction in writing/whip on 29.12.2020 to the members of the INC directing them to attend the meeting on 30.12.2020 and to vote in favour of

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