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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SMANIKUMAR, CJ, SHAJI P.CHALY, J
SHEEBA GEORGE – Appellant
Versus
THE STATE ELECTION COMMISSION OF KERALA – Respondent
| Table of Content |
|---|
| 1. disqualification of elected members. (Para 1 , 2 , 3 , 4 , 5) |
| 2. admission and declarations in election context. (Para 6 , 9) |
| 3. sufficiency and proof in disqualification claims. (Para 12 , 13 , 14 , 15) |
| 4. interpretation of the tenth schedule provisions. (Para 22 , 24 , 25) |
| 5. rules governing declarations of political affiliation. (Para 30 , 33 , 35) |
| 6. lawful basis for findings on disqualification. (Para 39 , 40) |
| 7. importance of upholding democratic principles. (Para 45 , 46 , 49) |
JUDGMENT
SHAJI P. CHALY, J.
The captioned appeal is filed by the petitioner in W.P.(C) No. 25560 of 2022, challenging the judgment of the learned single Judge dated 02.09.2022, whereby the writ petition was dismissed confirming Exhibit P7 order dated 02.08.2022 passed by the Kerala State Election Commission, Thiruvananthapuram, against the appellant, in O.P. No. 5 of 2021, a petition filed by one Mamachan Joseph, an elected member of Ward No.3 of Keerampara Grama Panchayat; as per which the appellant is disqualified as a member of Ward No 6 of the Panchayat.
2. Brief material facts for the disposal of the appeal are as follows:
The appellant is a candidate elected from Ward No. 6 of Keerampara
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