Palakkad imbroglio: HC orders notice

via www.newindpress.com published on May 26, 2006

KOCHI: The Kerala High Court on Thursday ordered a notice by a special messenger on a writ petition praying to command the State Election Commission to direct A.K.Chandrankutty to take oath immediately as chairperson of Palakkad municipality, failing which he would be disqualified to function as a member of the council.

Though Chandrankutty (LDF) was elected chairperson with the support of five BJP members, he refused to take oath and assume the office of chairman.

The petitioner, T.A.Abdul Azeez, who is a councillor of ward 30, also sought to declare Devayani, who lost the contest for two votes, elected, considering the failure of Chandrankutty to accept the election as valid.

According to the petitioner, after Chandrankutty was declared elected with 20 votes as against 18 secured by Devayani, he was bound to take oath and assume office under the provisions of the Kerala Municipalities Act. He refused to take oath and announced that he was resigning as chairperson.

The question of resignation does not arise at all as only a person who has assumed office can resign, the petitioner argued.

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