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KERALA HIGH COURT
A.M. Shaffique, J
Sulphikar alias Sulphikar Mayoori v. Rafeeq and Another
| Table of Content |
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| 1. the writ petition seeks to nullify an election commission's disqualification decision. (Para 1 , 2 , 4) |
| 2. the nature of honorarium affects statutory employee classification. (Para 3 , 5 , 10 , 12) |
| 3. the court upholds the disqualification under s.86, not finding action arbitrary. (Para 6 , 9 , 21) |
| 4. explanation 2 to s.86 clarifies disqualifications and is constitutionally valid. (Para 11 , 14 , 18 , 20) |
1. This writ petition is filed by the petitioner seeking to quash Ext.P7 order passed by the Kerala State Election Commission in O.P.No.51 of 2017 dated 29.06.2018, whereby the petitioner is disqualified to continue as a Councillor of Kayamkulam Municipality, in accordance with the provisions of S.86 of the Kerala Municipality Act, on the basis of a complaint filed by a voter in Ward No.8 [mistakenly shown as Ward No.18 in the writ petition] of Kayamkulam Municipality, which ward was represented by the petitioner in the writ petition. Brief material facts for the disposal of the writ petition are as follows:
2. Petitioner was elected as Councillor, Ward No.8 of Kayamkulam Municipality in the election held on 05.11.2015. While representing so, petitioner was appointed
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