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HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
BIJU P. CHERUMAN @ AADI MARGI MAHA CHANDALA BABA – Appellant
Versus
ELECTION COMMISSION OF INDIA – Respondent
| Table of Content |
|---|
| 1. challenge against an mla's disqualification for breach of oath. (Para 1 , 2 , 4 , 11) |
| 2. discussion on the grounds for disqualification from legislative positions. (Para 7 , 14 , 21 , 28) |
| 3. judicial limits on issues of disqualification not prescribed in law. (Para 27 , 30) |
JUDGMENT
S. Manikumar, CJ Challenging the act of a speech allegedly defying the Constitution of India, by respondent No.4, an MLA representing Chengannur Constituency, in Alappuzha district, and a Minister then, in a political meeting, W.P.(C) No.24222 of 2022 is filed seeking for issuance of a writ of quo warranto or any other appropriate writ, order or direction declaring that the 4th respondent is not entitled to hold the office of the post of 3rd respondent-Member of Kerala Legislative Assembly.
2. According to the petitioner, the act of respondent No.4 is clear violation of Articles 173(a) and 188 of the Constitution of India, and that a crime has also been registered against him as Crime No.600/22 by the Keezhvaipur Police Station, Pathanamthitta district.
3. W.P.(C) No.24233 of 2022 is filed being aggrieved by the inaction on the part of the respondents in taking stringent action against the
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