KOCHI: In a major setback for the Kerala Congress (M) PJ Joseph faction, which is part of the UDF in the state, the Kerala High Court on Friday dismissed the petitions challenging the Election Commission's order declaring the group led by Jose K Mani as the official Kerala Congress (M) and granting it the official election symbol of “two leaves”. Meanwhile, PJ Joseph has decided to file an appeal before the division bench of the high court on Monday.
While dismissing the petition filed by PJ Joseph and others, Justice N Nagaresh held that the conclusions arrived at by the Election Commission were based on materials available before it. Hence, it cannot be said to be perverse. The Court cannot, in the exercise of the jurisdiction under Article 226 of the Constitution of India, interfere with the finding of the Commission.
The court observed that as there is no statutory provision regulating the allocation of symbols to political parties and candidates in elections, the duty and power to regulate the allocation of symbols would vest with the Election Commission. Under the circumstances, the court is not inclined to accept the arguments raised by the petitioners, it said.
The Commission applied the 'test of majority' in the numerical strength of rival groups, both in the legislative and organisational wings of the party. To decide the majority in the organisational wing, the Commission prepared a list of 305 common names in both lists, which were submitted by either side. The Commission held that the list of 305 is undisputed. After taking into account three persons, who have remained neutral, after close scrutiny of affidavits, and after discarding affidavits of those who signed the affidavit in support of both the factions, the Commission assessed the relative strength of the two factions. Based on this, the Commission found that the group led by Jose K Mani is the KC(M) and is entitled to use its name and its reserved symbol 'two leaves'.
The petitioners argued that when the strength of the State Committee of KC(M) is admittedly 450, the Election Commission ought not to have ventured to hold a test of majority in numerical strength, with a collegium of 305 members. It is evident from the order that the party Constitution does not provide for the authority responsible for finalising the list of State Committee Members. There is a discrepancy in relation to the authority who finalised the State Committee list. The Director (Law) who verified the authenticity of affidavits, reported that after taking into account the allegations made by both parties, the possibility of forgery and manipulation by both the parties could not be ruled out.
The Munsiff's Court, Idukki, also doubted the authenticity of the list and observed that the custodian of the list has not produced the list of State Committee Members before the court. As both the lists produced by the rival factions were unreliable, the Election Commission proceeded to decide the numerical strength based on the majority of members admitted by both sides. Such action of the Commission cannot be found fault with, in the circumstances of the case. It is further to be noted that the Commission based on its decision, not only considering the support of undisputed State Committee members but also on the numerical strength of legislative party members of the party. Therefore, the Election Commission was justified in adopting a course available to it, in the facts and circumstances of the case.
The Commission by a 2:1 majority had held that "the group led by Jose K. Mani, is the Kerala Congress (Mani) and is entitled to use the name and the reserved symbol ‘Two Leaves’ for the purpose of Election Symbols (Reservation and Allotment) Order, 1968".
PJ Joseph argued that the election commission has no right to allot a party to a person. The only jurisdiction vested with it is to allot symbols to a party. The Commission is not authorised or empowered to decide the internal issues of the party. The issue of the name is not coming under paragraph 15 Symbols Act. The party acquires the name as per the provisions of the constitution of it and it forms the property of the party. After registration under Section 29A of the Representation of Peoples Act, the State Committee of the party has powers to amend the Constitution as such, it is for the party to decide its name and not the Commission.
The dissenting order written by Ashok Lavasa, one of the Election Commissioners, had disagreed with the findings of the other Commissioners and opined that neither of the factions can be recognized as Kerala Congress (Mani) until fresh affidavits of support are called and examined by the Commission.
In the organisational election held in 2018, KM Mani was elected as Chairman, PJ Joseph as Working Chairman and Jose K Mani elected as the Vice-Chairman. Later, KM Mani, the Chairman of the party, passed away. In these circumstances, PJ Joseph, the Working Chairman, took charge as the Chairman on April 10, 2019, as per Article XXIX of the Constitution of the party. In the absence of the Chairman, all functions and powers of the Chairman vest in the Working Chairman.
However, the state committee meeting held on June 16, 2019, in Kottayam elected Jose K Mani as chairman of the party. But the Idukki Munsiff court restrained Jose K Mani from officiating as Chairman of Kerala Congress (M) and from discharging any functions attached to the office of Chairman including holding of party committee meetings, taking disciplinary actions against party office bearers and workers and sending letters to the Election Commission and other authorities. The Sub Court Kattappana also upheld the order.
The total membership of the State Committee duly elected in the previous election was 450. As against this, the Election Commission created a new committee having a membership of 305 members and decided the dispute based on the majority support in this new committee which was illegal. The Commission failed to appreciate that only 76 members of the State Committee out of 450 had expressed their allegiance to Jose K Mani as per the affidavits. The affidavits produced by Jose other than the 76 affidavits did not mention allegiance to him, moreover, nothing was stated on any split or rival faction in the Kerala Congress (M).
The affidavits produced by Jose stating the factual aspects leading to the so-called election held on June 16, 2019 cannot be termed as the declaration of their allegiance to Jose for the purpose of adjudicating the symbol dispute. Hence, there were no materials before the Election Commission to satisfy itself that the Jose K Mani has majority support in Kerala Congress (M), PJ Joseph submitted.