Back
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 to mla's position based on alleged unconstitutionality. (Para 1 , 2 , 3 , 4) |
| 2. petitioner argues systemic failure to act against mla. (Para 5 , 6 , 7) |
| 3. court's reluctance to interfere without clear grounds for disqualification. (Para 8 , 10 , 11) |
| 4. detail of statutory provisions governing disqualification. (Para 27 , 28 , 29 , 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
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
