BEFORE THE DISTRICT COURT, KOTTAYAM


A.S.NO             .of 2017



Appellant/ petitioner.                                                                Respondents:

K.P.Kuttan.                                                                          1- Molly.T,Jose
                                                                                             2- Rajesh.T Varghese
                                                                                             3- Vibin.V.B.
                                                                                             4- V.G.Mohanan.
                                                                                             5- T.K.Sajulal
                                                                                             6- M.T.Madhu
.                                                                                            7- K.Sarghadharan


Full name and address of the appellant.

K.P.Kuttan@Kuttan Kattachira, aged 60, Son of Poovanchan, residing at Kannuvettiyel , house, Thalayolaparambu P.O.Pin.686605.

Full name and address of the respondents:

1- Returning Officer, Thalayolaparambu Grama Panchayat, Molly. T. Jose, Assistant Agricultural Director, Krishi Bhavan, KaduthuruthyP.O.

2- Assistant Returning Officer, Rajesh.T.Varghese, Secretary, Thalayolaparambu Grama Panchayat. Thalayolaparambu. P.O. Pin 686605.

3-Vipin.V.B.,UD.Clerk,Thalayolaparambu,GramaPanchayat Office, Thalayolaparambu .P.O. Pin 686605.

4-V.G.Mohanan aged 61, Minchiyath house. Thalayolaparambu P.O. Pin 686605.

5- T.K.Sajulal, aged 46, Thekkemaliyil. house, Thalayolaparambu .P.O. pin 686605.

6- M.T.Madhu.aged 36, Minjiyath house, Thalayolaparambu .P..O. Pin.686605.

7- K.Sarghadharan, aged 61, Ashalayam, house, Thalayolaparambu .P.O. pin 686605.

(All notices and process to the parties may be served in the above address)

















IN THE COURT OF MUNSIFF VAIKOM

E.O. P. NO. 07/ 2015

Petitioner

K.P.Kuttan.

 Respondents.

1  - Molly.T.Jose
2-Rajesh.T.Varghese
3- Vibin.V.B.
4-V.G.Mohanan.
5-T.K.Sajulal
6- M.T. Madhu
7- K.Sarghadharan


This appeal is preferred against the judgment and order in E.O.P.No.072015 of the Munsiff's Court, Vaikom, dated 17-02-2017 by Party in person under Section 113(A)of Kerala Panchayat.Raj.Act,1994 and Order XLI Rule 1 of Civil Procedure,on the following:-

GROUNDS.

1- The judgment and decree of the lower court are against the law and equities of the case.

2- The lower court ought to have found that the 1st respondent is not entitled to accept the "A "and "B " Forms from Secularized Political party to Scheduled caste reserved ward. The Form " A "and" B" is for the communication with regard to authorized person to intimate names of candidate set up by recognized National or State political party or registered non recognized political party that which not warranted for the Scheduled castes by the evidence and circumstances of the case.

3-The lower court ought to have found that the Political party is registered under section 29 A. of the Representation of People Act 1951 with the extract wording of" Secularism". The lower court failed to consider that the mixing of secularism and religions of the candidates are election offences under section 125.

4- The lower court ought to have found that the electoral offence section 125 reads as " any person who in connection with an election under this act promotes or attempt to promote on ground of  religion, race, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of India shall be punishable with imprisonment for a term which may extent to three years, or with fine, or with both." therefore the 1st and 2nd respondents are included as " any person" provided by the law and fact.

5- The lower court ought to have found that the  4, 5,and 6 respondent’s castes and religions promotion with the reserved symbols of political parties are offensive in the scheduled caste reserved ward, in the light of the case as well as the conduct , but failed to act so.


6-On 1994(2)Crimes 582, Rupabhai vs State of Gujarat the Lordship expressed that " Court is empowered to compound offences by invoking inherent powers under the SC&ST.(POA)Act 1989 and Protection of Civil Rights Act, 1955. Having in the face of evidence, the lower court ought to have recognized the petitioner belongs to a scheduled caste member legally entitled the protection avail under Act 33 of 1989.

7- An ordinance to amend the SC&ST(POA) Act 1989 , Amendment Bill,2013, to give effect to the aforesaid objective, was introduced on the 12th December 2013 in the House of People;  in section 3 of the Principal Act, (i) for subsection defines ( 1), (C), not to propose or second the nomination of a Scheduled Caste or a Scheduled Tribe as a candidate in any election. and section ( u) defines :- by words either written or spoken or by signs or by visible representation or otherwise promotes or attempt to promote feelings of enmity, hatred or ill will against members of the Scheduled Castes or the Scheduled Tribes, The lower court ought to have found that the approval of "A" and " B" Forms of the party so registered under section 29 A of the Representation of  People Act, 1951 shall be deemed to be a registered political party for the purpose of the election symbols ( Reservation and Allotment) Order 1968, and thereby the allotment of political parties reserved symbols in the Scheduled Caste reserved constituency election by the 1st respondent shall be offensive.

8- The lower court ought to have found that the complaint itself disclosed that the 1st respondent abated the political parties, by allotting the party symbols in the Scheduled Caste reserved ward to violate  Sub-section (3 A) of section 123 of the Representation of People Act, 1951 which prohibits the promotion or attempt to promote feelings of enmity..and hatred between different classes for the furtherance of the election in the Scheduled Caste reserved ward. The lower court denied to apply its mind about such provisions of the Constitution.

9- On 17- 02-2017 the lower court dismissed the EOP/07/2015.Before the date of dismissal of the lower court, on 2nd January 2017, the Supreme Court of India.(Abhiram Sing vs C.D. Commachan. (Dead) By LRS.& Ors] in Civil appeal No.37of 1992, the Lordship S.A.BOBDE, J. observed that " It is an overriding duty of the Court, while interpreting the provisions of a statute that the intention of the legislature is not frustrated and any doubt or ambiguity must be resolved by recourse to the rules of purposive construction. The lower court denied to apply its mind for the same after a long period of 13 months from the institution of the case even though the council for the petitioner called the attention of the above decision of Supreme Court.

10-The lower court ought to have declared that whatever be the state attitude towards religious sects and denominations, a religious activity cannot be allowed to mix with the secular activities of the State. The Supreme Court decision by the Lordship .S.A.Bobde.J. in (Abhiram Sing vs C.D.Commachan ) case held that, encroachment of religious activities in the secular activities of the State was prohibited as is evident from the provisions of Constitution themselves 

11- The lower court ought to have find out that the 1st respondent mix the secularism of
political parties with the nomination paper accompanied with the caste certificates of three candidates by acceptance of their ' A" and '"B" Forms and allotment of party symbols to that scheduled caste candidates are guilty of corrupt practice of section 123
and 123 (3A) of the R.P..Act.1951. The Supreme Court in Abhiram Sing vs C.D.Commachan case the Lordship held that " Under our Constitution, no party or Organization can simultaneously be a political and a religious party, ".

11-The Supreme Court in Abhiram Sing vs C.D.Commachan case, the Lordship held that If a political party espousing a particular religion comes to power, that religion tends to become, in practice, the official religion. All other religions come to acquire a secondary status, at any rate, a less favorable position. This would be plainly antithetical to Articles 14 to 16, 25 and the entire constitutional scheme adumbrated hereinabove. Therefore the lower court ought to have found that the religion mixture of 4th respondent made by the 1st respondent to the secularism of Indian Union Muslim League party and thereby secure votes with its official symbol" ladder," from the scheduled caste reserved ward is illegal thereby adversely affected the petitioner/ appellant herein.

12-The Kerala Panchayat Raj,Section 52 Defines the presentation of nomination paper and requirements for a valid nomination.

Section 52(2) defines ; In a constituency where the seat is reserved for Scheduled Castes or Scheduled Tribes a candidate shall not be deemed to be qualified to be chosen to fill that unless his nomination paper contains a deceleration by him that particular caste or tribe  which is a member . The lower court failed to find that the mixing of B Form of Political party together with 3 Scheduled Caste candidates respondents 4,5,and 6 on 18-10-2015 and published in the list of contesting candidates along with the petitioner U/s.57(2) of KPR Act 1994 is a flagrant violation of section 102(1)(i) of KPR Act 1994.

13- The lower court declared that" so long as the contesting of a scheduled caste member in a ward reserved for scheduled castes representing a political party is not prohibited by any provision of law relating to election." .The findings of the lower court is gone wrong in the case.

14- The lower court admitted that Shri.Panakkadu Shihab Thangal, Shri.Kunjalikutty, the non scheduled castes , and their organization Indian Union Muslim League and its reserved symbol -Ladder-  have the right to enjoy the benefits of Scheduled castes under Article 341and 330 of the Constitution of India, are entitled to secured a number of 303 votes from the Scheduled Caste reserved ward is not prohibited by any provision of law. The petitioner rejecting the findings of the lower court.

15- The lower court admitted that,  Shri.V.S.Achuthanandan, Shri. Pinarai Vijayan ,the non scheduled castes and their organization,  Communist Party of India ( Marxist) and its reserved symbol - Sickle, Hammer - and Star , have the right to enjoy the benefits of Scheduled Castes under the Constitution of India, Article 341, and Article 330, are entitled to secured a number of 301 votes from the scheduled caste reserved ward,  is not prohibited by any provision of law. The petitioner rejecting the findings of the lower court.

16- The lower court admitted that, Shri.Abdul Nazer Madhani , Poonthura Ziraj.the non scheduled castes and their organization People Democratic Party and its symbol - Country Boat - have the right to enjoy the benefits of Scheduled Castes under Article 341, and 330 of the Constitution of India are entitled to secured a number of 103 votes from the scheduled Caste reserved ward is not prohibited by any provision of law.The petitioner rejecting the findings of the lower court.

17- The lower court has not considered the question of law and facts in this case.

18- Sufficient opportunity was not given to the petitioner to adduce all evidences.

For these and other reasons to be submitted at the time of hearing, it is humbly prayed that this Honorable Court may be pleased to set aside the judgment and decree of the lower court and allow this appeal with costs.



Valuation.

  This appeal is valued Rupees 500/-is paid under section 115(1) of Kerala Panchayat Raj  Act 1994 .



Dated this the 18th day of March 2017.

Appellant / Petitioner.




K.P.Kuttan.@Kuttan Katttachira

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