Disposed

Sherly Mathew v. Kerala State Election Commission

Kerala HC4 Aug 2022WP(C)/18107/2022

Case brief

AI extract

What is this about?

Petitioners, elected Panchayat members, sought to disqualify Respondent 3 for resignation under the Local Authorities (Prohibition of Defection) Act. The Court held that since the alternative remedy before the State Election Commission under Sections 3 and 4(1) was invoked, the writ petition was disposed of with a direction to the Commission to consider the petition expeditiously.

What did the court decide?

Disposed of leaving petitioners to prosecute matter before State Election Commission with direction to consider petition expeditiously.

Sherly Mathew Vs Kerala State Election Commission — Election Law | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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THURSDAY, THE 4^TH DAY OF AUGUST 2022 13TH SRAVANA, 1944

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WP(C) NO. 18107 OF 2022

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PETITIONER

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1 SHERLY MATHEW AGED 57 YEARS W/O. MATHEW, CHERUPURATH HOUSE, ADIMALY P.O., IDUKKI DISTRICT - 685561.

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2 RUBY SAJI, AGED 53 YEARS

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W/O. SAJI, KALAPURACKAL HOUSE, MACHIPLAVU, ADIMALY P.O., IDUKKI DISTRICT - 685561. BY ADV LATHEESH SEBASTIAN

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RESPONDENTS

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1 KERALA STATE ELECTION COMMISSION OFFICE OF THE ELECTION COMMISSION, PALAYAM, THIRUVANANTHAPURAM - 695033, REPRESENTED BY ITS SECRETARY.

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2 ADIMALY GRAMA PANCHAYAT, ADIMALY P.O., ID2022UKKI DISTRICT - 685561, REPRESENTED BY ITS SECRETARY.

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3 SANITHA SAJI, W/O SAJI, EZHARATTU HOUSE, MANNANKALA, ADIMALY P.O., IDUKKI DISTRICT - 685561.

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4 THE SECRETARY, ADIMALY BLOCK PANCHAYAT, ADIMALY P.O., IDUKKI DISTRICT-685561.

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BY ADV SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION, KERALA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

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ADMISSION ON 04.08.2022, THE COURT ON THE SAME DAY2022 DELIVERED THE FOLLOWING:

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W.P(C) No.18107 of 2022 ]

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J U D G M E N T

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Dated this the 4^th day of August, 2022

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The petitioners, who are elected members of Adimaly Grama Panchayat, have filed this writ petition seeking to direct the 1^st respondent to pass orders on Exts.P4 and P5 applications disqualifying the 3^rd respondent under Section 3 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999. The petitioners also seek to direct the 1^st respondent to prohibit the 3^rd respondent from acting and participating in the meeting of elected representatives of the 2^nd respondent-Panchayat as an elected member from the 14^th ward of the Panchayat.

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When the writ petition came up for admission, this Court passed an interim order on 03.06.2022 inter alia stating that the learned counsel for the petitioners submits that since the 3^rd respondent has resigned

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W.P(C) No.18107 of 2022 3 ]

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voluntarily, the disqualification occurs automatically. Section 4(3) of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 would show that a member shall cease to be a member of the Local Body only from the date of such decision of disqualification taken by the Election Commission. Section 3(1) would also indicate that there should be a positive act of disqualifying a member in order that the member stands qualified.

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The petitioners submit that the petitioners have subsequently preferred Ext.P6 petition for declaration of disqualification before the Kerala State Election Commission, Thiruvananthapuram. In view of the said petition, the writ petition can be disposed of with appropriate direction to the State Election Commission.

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I have heard the learned counsel for the petitioners, the learned Standing Counsel representing the 1^st respondent and the respective learned Counsel

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W.P(C) No.18107 of 2022 4 ]

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for respondents 2 and 4.

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In view of the fact that the petitioners have

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now invoked their remedy under Sections 3 and 4(1) of the Kerala Local Authorities (Prohibition of Defection) Act, 1999, this Court is of the view that the writ petition can be disposed of leaving the petitioners to prosecute the matter before the State Election Commission.

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In the circumstances, the writ petition is disposed of directing the State Election Commission to consider Ext.P6 petition filed by the petitioners in accordance with law as expeditiously as possible.

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Sd /-

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N. NAGARESH, JUDGE

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smm/10.08.2022

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W.P(C) No.18107 of 2022 ]

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APPENDIX OF WP(C) 18107/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE RESIGNATION LETTER SENT BY THE 3RD RESPONDENT DATED NIL. Exhibit P1(a) TRUE COPY OF THE POSTAL ENVELOP IN WHICH EXHIBIT-P1 WAS SENT. Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 26.05.2022. Exhibit P3 TRUE COPY OF THE LETTER OF DIRECTION OF THE DISTRICT SECRETARY OF CPI DATED 02.06.2022. Exhibit P3(a) TRUE COPY OF THE LETTER OF DIRECTION OF THE DISTRICT SECRETARY OF CPI DATED 02.06.2022. Exhibit P4 TRUE COPY OF THE PETITION OF THE PETITIONERS ALONG WITH THE SECRETARY OF THE CPI BEFORE THE 1ST RESPONDENT FOR DISQUALIFYING THE 3RD RESPONDENT. Exhibit P5 TRUE COPY OF THE PETITION FOR INTERIM ORDERS FILED BY THE PETITIONERS ALONG WITH SECRETARY OF THE CPI BEFORE THE 1ST RESPONDENT.

Sherly Mathew v. Kerala State Election Commission

Case brief

What is this about?

What did the court decide?

Sherly Mathew v. Kerala State Election Commission

Case brief

What is this about?

What did the court decide?

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