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One, seen with members of another party not a reason to expel him from party, observes HC

Oct 7, 2020, 11:40 AM IST
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Kerala High Court
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Kerala High Court | Photo: hckrecruitment.nic.in

A CPM member moved a petition before State Election Commission alleging that another member of the party has joined BJP and he should be disqualified.

Subramanian, CPM member of Ambalappara grama panchayat moved the petition demanding to disqualify Sreekumar, another member of CPM, alleging that latter has joined BJP.

Subramanian said that Sreekumar is often seen in company of BJP workers. 

However, the Election Commission held that there was no evidence to the effect that Sreekumar, who denied all allegations levelled against him, had left CPM and joined BJP.

Even though, there were other alleged evidences the petitioner submitted against Sreekumar, the Commission did not act on it.

Following this, Subramanian moved High Court. The HC also held that Sreekumar, was still a CPM member. If he has joined BJP, then CPM would have taken disciplinary action against him, which was not the case here, HC observed.

The mere presence of him with BJP workers cannot be construed as an action that he has joined BJP, the court further stated.

For want of evidence, the allegations of the petitioner was rightly dismissed by the Election Commission, HC observed.

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