Back
MOHAMMED NIAS C. P.
Sulfikar, S/o. Subair – Appellant
Versus
Kerala State Election Commission – Respondent
JUDGMENT :
The petitioner challenges the order passed by the 1st respondent Kerala State Election Commission that dismissed O.P.No.15/2022 filed by him under Section 36(1) of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as ‘the Act’) challenging his disqualification imposed under Section 35(1) and also against the refusal to restore his membership under Section 37(1) of the Act.
2. The petitioner is an elected member of Ward No.XII of the 2nd respondent Grama Panchayat. He could not attend the meetings of the Panchayat from 01.01.2022. He states that he had filed a leave application, as per a letter dated 04.02.2022, requesting three months’ leave from that date on medical grounds. Ext.P1 is the letter sent through registered post with acknowledgment due. The petitioner submits that though the Panchayat had received the same on 7.12.2022, no reply was given to him. He was involved in Crime No.897/2021 of Alappuzha South police station and Crime Nos.1379/2021 and 20/2022 of Punnapra police station and was arrested on 02.03.2022. While undergoing judicial custody, he moved CMP No.862/2022 before the Judicial First Class Magistrate’s Court-I, Alappuzha for allowing parole
The court held that the period of involuntary absence due to judicial custody should be excluded from the computation of the three-month period under Section 35(1)(k) of the Kerala Panchayat Raj Act,....
Once a member attracts disqualification under the Kerala Local Authorities (Prohibition of Defection) Act, 1999, they are disqualified from continuing as a member, irrespective of subsequent election....
Election - Disqualification on ground of defection - Petitioner has violated the whip and invited the impugned order. Violation alleged in terms of Section 4 with regard to 24 hours as held by this C....
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....
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.
Disqualification under Section 14(1)(d) of the Panchayats Act applies automatically post-removal under Section 39, upheld by the court highlighting the legal effects of interim orders.
Strict adherence and compliance to the rule of law is required for disqualification under Section 16(1)(k) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
