person who has been
dismissed for corruption or disloyalty to the State and that dismissal took
place in the year 2020 more particularly by order ... State has been dismissed for corruption
or for disloyalty to the State shall be disqualified for a period of five
years from the date
been dismissed for
corruption or for disloyalty to the State shall be conclusive
proof of that fact:Provided that no certificate to the effect
that ... person has been dismissed for corruption or for
disloyalty to the State shall be issued unless an opportunity
of being heard has been given
being chosen to fill the seat in the Legislative
Assembly of the State; and where applicable the details of his
caste/tribe. The Election Petitioner ... whether he was dismissed for corruption or for disloyalty
while holding office under Central/State Government; as to
whether he has any subsisting contract
Caste or, as the case may be, a Scheduled Tribe of the State.
(3) Where the candidate is a person who, having held any office ... effect that he has not been dismissed for corruption or disloyalty to the State.
(4) On the presentation of a nomination paper, the returning officer
that guaranteed right in the interest of,
inter alia, security of the State and public order. We have, therefore,
to determine ... hatred or
contempt or creating disaffection in the sense of disloyalty to the
State in other words bringing the law into line with
teachers and
other employees, at least at par with those obtaining in
State/Union Territory institutions; default or delay in
payment of salaries and allowances ... Engagement in activities prejudicial to the interest
of the State, inculcating or promoting feelings of disloyalty
or disaffection against the Government established
from
the service of the State Government or Central Government or certain other
specified employments for corruption and disloyalty, shall be disqualified for
being office ... under the control of the
Central Government or the State Government for
corruption or for disloyalty; or"
21. It is also interesting to note
business dealing(s).
4
iv) Security consideration including suspected disloyalty
to the State as warrant.
v) The EMD shall also be forfeited."
5. Therefore
Rajan Tewari vs Durgesh Kumar Pathak & Anr. on 8 July, 2024
Author: Yashwant Varma
January, 2024
JUDGMENT
The writ petitioner challenges the order of the Kerala State Election
Commission (for short 'the Election Commission') dismissing the
application ... post of vice-chairperson and
emerged successful, thereby expressing her disloyalty to the coalition
W.P.(C) No.14084/23 -:4:-
amounting to defection
