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2017 Supreme(Ker) 619

K.VINOD CHANDRAN
Jessie Raju – Appellant
Versus
Communist Party Of India, Ernakulam District Council, Represented by its Secretary – Respondent


Advocates Appeared:
For the Petitioner:S. Sreekumar (Senior Advocate), P. Martin Jose, R. Githesh, P. Prijith, Thomas P. Kuruvilla, Advocates.
For the Respondents:A. Jayasankar, Manu Govind, Ashwin Sethumadhavan, B. Meera, S. Sabarinadh, Advocates, Murali Purushothaman, S.C.

JUDGMENT :

1. The writ petition is filed against the order of the Kerala State Election Commission [for brevity “Election Commission”], Exhibit P4, which held that the writ petitioner had defected as provided under Section 3(1)(b) of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 [“for brevity “Act of 1999”] and, hence, became subject to disqualification. It was further declared that she was disqualified to be a member of the Ramamangalam Grama Panchayat as provided by Section 3(1)(b) and also disqualified for contesting as candidate in an election to any local authority for a period of six years, as provided by Section 4(3) of the Act.

2. The brief facts to be noticed are that the petitioner contested the election to the Council of the Panchayat for the period 2010-15 as an independent candidate, supported by Communist Party of India [for brevity “CPI”] of the Left Democratic Front coalition. The petitioner won such election and was continuing in the Council and towards the expiry of the period of the Council, election notification was issued on 07.10.2015 with the last date notified for filing nomination being 14.10.2015. The petitioner filed a nomination on 14.1
























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