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2024 Supreme(Ker) 120

A. J. DESAI, V. G. ARUN
Sindhu Anilkumar, Wife Of Anilkumar – Appellant
Versus
The Kerala State Election Commission – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ASWINI SANKAR R.S., K.RAMAKUMAR (SR.), T.RAMPRASAD UNNI, S.M.PRASANTH, T.H.ARAVIND

JUDGMENT :

V.G.Arun, J.

This appeal is filed against the judgment in W.P.(C) No.22423 of 2023 by which the learned Single Judge repelled the challenge made to the order of the State Election Commission, disqualifying the appellant from being a member of the Pavaratti Grama Panchayat under Section 3(1)(a) of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 ('the Act' for short). The essential facts are as under;

The appellant contested the election to Ward No.1 of Pavaratti Grama Panchayat held in December, 2020, as an independent candidate supported by the Indian National Congress (I) and won the election. In her declaration submitted after election, the appellant stated that she had contested as an independent candidate supported by the INC(I). Thereafter, the appellant was elected as President of the Panchayat with the help of members of the Left Democratic Front, that too, by defeating the second respondent, who was the official candidate of the INC(I). This led to the second respondent filing the election petition and the appellant being disqualified by the Election Commission.

2. Heard Senior Advocate K.Ramakumar, instructed by Adv.T.H.Aravind for the appellant, A

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