High Court Kerala High Court

Latha Sugathan vs Smt.Asuntha Mohan And Another on 8 April, 2009

Kerala High Court
Latha Sugathan vs Smt.Asuntha Mohan And Another on 8 April, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 901 of 2009()



1. LATHA SUGATHAN
                      ...  Petitioner

                        Vs

1. SMT.ASUNTHA MOHAN AND ANOTHER
                       ...       Respondent

                For Petitioner  :SRI.GEORGE THOMAS (MEVADA)

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :08/04/2009

 O R D E R
      S.R. Bannurmath, C.J. &               Kurian Joseph, J.
      - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                W.A.Nos. 901 and 920 OF 2008
                                   and
             W.P.(C) Nos. 9221 and 9210 OF 2009
      - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
              Dated this, the 8th day of April, 2009

                             JUDGMENT

Kurian Joseph, J.

These appeals are filed by the writ petitioners aggrieved

by the interim order dated 30.03.09. As per the said interim

order the learned Single Judge declined to grant the stay of

operation of the impugned order, Ext.P12, passed by the

Election Commission. As per the said order, the Election

Commission disqualified the writ petitioners under the

provisions of Kerala Local Authorities (Prohibition of

Defection) Act, 1999.

2. The Election Commission found that by the conduct

of the writ petitioners facilitating the non-confidence motion

with the co-operation of the opposite party, the inference has

to be drawn that the writ petitioners have voluntarily given

up their membership in the party. We have considered an

WA Nos.901 & 920 of 2009
and
WPC : 9221 & 9210 of 2009
-:2:-

identical issue in our judgment in WA No.770 of 2009 and

connected cases, wherein also the facts are identical. We have

held that though the party to which the writ petitioners belonged

owns up the writ petitioners thereafter and though there is

nothing to show that the writ petitioners have expressly resigned

from the party, yet with the conduct of crossing the floor either

by facilitating non-confidence motion with the co-operation of

opposite party or by voting against the interest of the political

party to which they belonged an inference has to be drawn that

they have voluntarily given up their membership in the political

party and thus disqualification under the Act is attracted.

3. Learned counsel for the appellants submits that in that

view of the matter hardly anything survives in the writ petition

and hence the writ petition also can be disposed of along with

these writ appeals. Accordingly, with the consent of all the

parties, we have called for the writ petition also.

Since the issue is wholly covered against the appellants, we

WA Nos.901 & 920 of 2009
and
WPC : 9221 & 9210 of 2009
-:3:-

dismiss the writ petition and writ appeals. A copy of the

judgment in WA No.770 of 2009 will be annexed to this

judgment.

S.R. Bannurmath,
Chief Justice.

Kurian Joseph,
Judge.

ttb