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A. MUHAMED MUSTAQUE, S. MANU
Mathew Joseph S/o Joseph – Appellant
Versus
Joseph John S/o John – Respondent
JUDGMENT :
A.Muhamed Mustaque, ACJ.
Simple question in this appeal arises in the context of disqualification of an elected candidate to the local authority under the Kerala Local Authorities (Prohibition of Defection) Act, 1999. The question is whether a member of a local authority, who is elected while aligning with a splinter group of a political party, would continue to have the identity of a political party for the purpose of disqualification law applicable for local body.
2. Shri Mathew Joseph, the sole appellant in these cases, was elected as a member of the Thodupuzha Municipality from the P.J. Joseph group. This group was part of the United Democratic Front (UDF) coalition. He switched over to the Left Democratic Front (LDF), the opposite coalition. The rival group of Kerala Congress (M), led by Jose K.Mani, was part of LDF coalition. The Kerala Congress (M) P.J.Joseph Group, led by P.J. Joseph was part of the UDF coalition. Kerala Congress (M) is a political party registered under Section 29A of the Representation of the People Act, 1951. At the time of the election and after the election to the local body, the Kerala Congress (M) (P.J. Joseph group) was never registered as a
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 ....
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....
Section 3(1)(b) of the Act applies only if the elected person is an independent member of the coalition.
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.
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.
The conduct of contesting against the official candidate of a political party can be perceived as voluntarily giving up the membership of that party, leading to disqualification under the Kerala Loca....
A proven party direction is essential for disqualification under the Karnataka Local Authorities (Prohibition of Defection) Act, 1987, and the nomination of a party candidate does not automatically 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....
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....
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