Back
MOHAMMED NIAS C. P.
Jiji thomas, w/o. Thomas – Appellant
Versus
Kerala State Election Commission – Respondent
JUDGMENT :
The writ petitioners challenge Ext.P10 common order dated 2.7.2024 passed by the Kerala State Election Commission, allowing OP Nos.6/2021, 7/2021 8/2021 and 9/2021 filed by the second respondent herein.
2. The second respondent filed the above original petition against the writ petitioners contending that the respondents had submitted their nomination for the General Election to the Local Bodies held during December 2020, as members of the Revolutionary Marxist Party of India (hereinafter referred to as RMPI). They also allege that the State Secretary of RMPI had requested the Returning Officer of East Eleri Grama Panchayat, in writing to allot their party symbol “Foot Ball” to the respondents based on which the respondents were allotted the symbol “Foot Ball” and had contested as a candidate of RMPI, which is the sheet anchor of the case of the second respondent. The East Eleri Grama Panchayat had a total of 16 Ward members out of which, 7 members belong to the Indian National Congress (INC), 4 to RMPI, 2 to CPIM, and 3 to independent members. They contend that after the election, arrangements were made by the Indian National Congress with RMPI to rule the Panchayat. Acco
Candidates using a political party's symbol are deemed members of that party and bound by its directives, leading to disqualification for defection if they act contrary.
Election disputes must be resolved through an Election Petition after electoral processes are completed, as courts typically refrain from intervening during elections to preserve their integrity.
Point of law: It is the political parties which sponsor candidates, that are in a position to incur large election expenses which often run into astronomical figures. We do not consider that preferri....
The ECI's power to allot symbols under paragraph 15 of the Symbols Order is independent of its power to register political parties under Section 29A of the Representation of the People Act, 1951, and....
The court emphasized the importance of adhering to party whips and the consequences of voluntary abandonment of party membership under the Kerala Local Authorities (Prohibition of Defection) Act, 199....
The court established that the Election Symbols Order is an order under the Representation of the People Act, and violations can be grounds for election petitions.
The impugned clauses in the letters of registration were referable to the Second Amendment Order 1989 and within the Election Commission's power and jurisdiction.
The Election Commission possesses lawful authority to enforce the Symbols Order, 1968, establishing differentiation in political party recognition and privileges as not arbitrary, supporting electora....
The court established that the Election Symbols Order is integral to the electoral process and violations must be addressed through election petitions, not writs.
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
