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.
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W.A.Nos. 901 and 920 OF 2008
and
W.P.(C) Nos. 9221 and 9210 OF 2009
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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