Petitioner challenged the State Election Commission's disqualification order under the Kerala Local Authorities (Prohibition of Defection) Act, 1999. The court examined the grounds for ex parte dismissal and found the petitioner lacked diligence in defending the petition based on the commission's diary extract, leading to dismissal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942
WP(C).No.3897 OF 2020(J)
PETITIONER:
KRISHNAKUMAR .S, AGED 46 YEARS, S/O.SIVADASAN, PATTARIVILA, PALLIMUKKU, KADAKKAVUR.P.O, MEMBER, WARD NO.12, KADAKKAVUR GRAMA PANCHAYAT, TRIVANDRUM-695306.
BY ADVS. SRI.M.BALAGOVINDAN SRI.T.K.ANANDA PADMANABHAN
RESPONDENTS:
2 KERALA STATE ELECTION COMMISSION, REPRESENTED BY ITS SECRETARY, OFFICE OF THE CORPORATION BUILDING, L.M.S.JUNCTION, THIRUVANANTHAPURAM-695033.
3 A.MADHUSUDHANAN NAIR, S/O.APPUKUTTAN PILLAI, MELEBUNGLOW, KEEZHATTINGAL.P.O, KADAKKAVOOR, TRIVANDRUM-695306.
R1 BY ADV. SRI.THOMAS ABRAHAM, SC, KADAKKAVOOR GRAMA PANCHAYAT R2 BY SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-01-2021, THE COURT ON 29-01-2021 DELIVERED THE FOLLOWING:
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Writ Petition (C) No.3897 of 2020
J U D G M E N T
Petitioner was elected to the Committee of Kadakkavoor Grama Panchayat in the election held during November, 2015 representing the political party, Indian National Congress(I). As a member of the Committee of the Panchayat, the petitioner was also elected to the Development Standing Committee of the Panchayat consisting of four members, of which the remaining three members belonged to the political party, CPI(M). One among the said three members of the Standing Committee belonging to the political party CPI(M) was the Chairman of the said Standing Committee. A No Confidence Motion was moved by the remaining two members in the Standing Committee belonging to the political party
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CPI(M) against the Chairman of the said Committee belonging to their own political party. The petitioner did not attend the meeting scheduled to move the No Confidence Motion. Consequently, the No Confidence Motion failed.
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Authorities (Prohibition of Defection) Act, 1999. The State Election Commission allowed Ext.P1 petition and declared that the petitioner is disqualified for being a member of Kadakkavoor Grama Panchayat and also disqualified from contesting as a candidate in election to any local bodies for a period of six years. Ext.P10 is the order issued by the State Election Commission on Ext.P1 petition. Ext.P10 is under challenge in the writ petition.
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Commission ought to have afforded to the petitioner an effective opportunity to contest the petition instituted against him.
also the learned Standing Counsel for the State Election Commission.
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for being a member of the Panchayat but also from contesting as a candidate in election to any other local bodies in the State for a period of six years.
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absent on 31.12.2019 and consequently, he was set ex parte in the proceedings. It is further seen that neither the petitioner nor his counsel appeared in the proceedings thereafter and the impugned order was accordingly passed on 04.02.2020. It is thus clear that the case set out by the petitioner is factually incorrect. It is also clear from the materials on record that the petitioner was not diligent at all in defending Ext.P1 petition. No circumstances warranting indulgence of this Court to afford the petitioner yet another opportunity to defend Ext.P1 petition is made out. The writ petition is therefore, dismissed.
Sd/-
P.B.SURESH KUMAR, JUDGE
YKB
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT IN O.P.93/2018 FILED BEFORE THE 2ND RESPONDENT DATED 10/8/2018
EXHIBIT P2 TRUE COPY OF THE WHIP ISSUED BY THE DISTRICT CONGRESS COMMITTEE PRESIDENT DATED 11/07/2018
EXHIBIT P3 TRUE COPY OF THE SUMMONS DATED 13/08/2018
EXHIBIT P4 TRUE COPY OF THE OBJETION IN O.P.93/2018 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 19/09/2018
EXHIBIT P5 TRUE COPY OF THE O.P.TICKET DATED 10/07/2018
EXHIBIT P6 TRUE COPY OF THE HAEMOTOLOGY REPORT DATED 12/07/2018 EXHIBIT P7 TRUE COPY OF THE NO CONFIDENCE MOTION DATED 02/07/2018 EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED 17/03/2019 EXHIBIT P9 TRUE COPY OF THE APPLICATION ALONG WITH THE AFFIDAVIT DATED 13/05/2019
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EXHIBIT P10 TRUE COPY OF THE ORDER IN O.P.93/2018 OF THE 2ND RESPONDENT DATED 04/02/2020
EXHIBIT P11 TRUE COPY OF THE APPLICATION DATED 14/05/2019
RESPONDENT'S/S EXHIBITS:
ANNEXURE - R2(A) TRUE COPY OF THE EXTRACT OF DIARY IN OP NO.93/2018 BEFORE THE 2ND RESPONDENT.
ANNEXURE - R2(B) TRUE COPY OF THE ORDER DATED 14.05.2019 IN O.P.NO.93/2018 PASSED BY THE 2ND RESPONDENT.
//TRUE COPY//
PA TO JUDGE
3 issues framed by the court
Whether the petitioner was properly set _ex parte_ in the proceedings before the State Election Commission regarding a disqualification petition.
Whether the compulsion to attend the impugned order were sustainable in law.
Whether the dismissal of the writ petition despite the petitioner's claim of procedural irregularity is justified.
2 provisions across 1 enactments
KRISHNAKUMAR .S
KADAKKAVOOR GRAMA PANCHAYATH
KERALA STATE ELECTION COMMISSION
A.MADHUSUDHANAN NAIR
P.B.SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
