HARIDASAN PALAYIL Vs. SPEAKER 11TH KERALA LEGISLATIVE ASSEMBLY
LAWS(KER)-2003-3-75
HIGH COURT OF KERALA
Decided on March 03,2003

HARIDASAN PALAYIL Appellant
VERSUS
SPEAKER OF 11TH KERALA LEGISLATIVE ASSEMBLY Respondents

JUDGEMENT

- (1.) Does the oath taken by the third respondent as a Member of the Legislative Assembly conform to the provisions of the Constitution If it does not, is the third respondent liable to pay a penalty of Rs.500 for each day on which he had sat or voted in the Legislative Assembly from June 5, 2001 These are the primary issues that arise for consideration in this petition under Art.226 of the Constitution. The facts may be briefly noticed.
(2.) The petitioner is working as a Journalist. He claims that he has an implicit faith in the Constitution and has always tried to uphold its true letter and spirit. He complains that the third respondent, who was elected to the 11th Kerala Legislative Assembly from the Kodungaloor Constituency, "had not complied with the constitutional provisions under Art.188 according to the form set out for the purpose in (the) third Schedule at the time of taking oath / affirmation".
(3.) The elections to the 11th Kerala Legislative Assembly were held in the year 2001. The third respondent had filed his nomination paper. He had subscribed to the oath "in the name of God". Accordingly, his nomination paper was accepted by the Returning Officer. The third respondent had won the election.;


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