S NAZEERKHAN Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) EXT. P6 order passed by the Kerala State Election Commission, is sought to be quashed in this writ petition. Petitioner is also seeking a declaration that he has not voluntarily given up his membership of the Congress party so as to disqualify him.

(2.) THE facts that led to Ext. P6 order are that the petitioner herein was a candidate sponsored by the Congress party and was elected as a member of the Thrikadavoor Grama Panchayat. There were 21 members in the Panchayat, out of which, nine belonged to Congress (I), eleven belonged to LDF and one was an independent. Ext. X1, the political affiliation register of the Panchayat discloses these details.

(3.) ELECTION of the Vice President was held on 17. 7. 2006 and there were two candidates. One was Mr. Kochukuttan Pillai, a Congress (I) candidate and the other was the petitioner himself, also a member belonging to that party. In the election Mr. Kochukuttan Pillai secured 9 votes as against 12 votes secured by the petitioner. Of the 9 votes cast in favour of Mr. Kochukuttan Pillai 8 were cast by the members belonging to Congress, including himself and of the 12 votes secured by the petitioner, 10 votes were from members belonging to LDF, one from an independent candidate and the remaining one was of himself.