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BECHU KURIAN THOMAS
Deepak K. , S/o Karunakaran Nair – Appellant
Versus
Kerala State Election Commission – Respondent
JUDGMENT :
Sri Mathew Joseph, an elected member of the Thodupuzha Municipal Council, is alleged to have defected by voluntarily giving up membership of the party under whose banner he was elected. Two petitions were filed before the Kerala State Election Commission alleging that Sri. Mathew Joseph had become disqualified due to defection by voluntarily giving up membership of the party as well as of the coalition of which he was a member. Both petitions were dismissed by the impugned order. These two writ petitions challenge the aforementioned order invoking this Court's jurisdiction under Article 226 of the Constitution of India.
2. Sri.Joseph John and Sri. Deepak, the two writ petitioners, are the elected members representing Ward No.27 and Ward No.3, respectively, while Sri. Mathew Joseph is the elected member from Ward No.11 of Thodupuzha Municipality. The elections to the Local Self Government Institutions were held in the year 2020. Sri. Deepak contested under the banner of the Indian National Congress, while Sri. Joseph John and Sri. Mathew Joseph contested under the banner of Kerala Congress (M) P.J.Joseph Group. Prior to the election, the party, Kerala Congress (M), had spli
Section 3(1)(b) of the Act applies only if the elected person is an independent member of the coalition.
The main legal point established in the judgment is the interpretation of the Kerala Local Authorities (Prohibition of Defection) Act, 1999, in light of the context and purpose of the statute, emphas....
When a member stood for the election to contest against a candidate of his own coalition, it can be deemed that the member has voluntarily given up his membership of the political party.
A member of a local authority who switches allegiance from a splinter group of a political party is deemed to have voluntarily given up their membership, leading to disqualification under the Kerala ....
There can be many inferences for voluntarily giving up the membership even if one has not resigned; the case at hand is one where the petitioners have all resigned, therefore, no inference need be dr....
Voluntary resignation or merger with another party, as per the Defection Act, leads to disqualification, regardless of subsequent actions or acceptance of resignation.
Compliance with statutory procedural requirements is essential to uphold the validity of directives impacting party membership and election outcomes.
A member of a local authority is disqualified for defecting from their political party, as per Section 3 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999.
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