KOCHI: In major setback for Jose K Mani, who is expecting an entry into the ruling LDF, the Kerala High Court on Friday stayed for one month the Election Commission's order declaring the faction led by him as the official Kerala Congress (M) and granting the party's 'two leaves' symbol to him.
Justice P V Asha issued the interim order while admitting the petitions filed by Kerala Congress (M) leader PJ Joseph and state committee member PC Kuriakose seeking to quash the order of the Election Commission. The court also issued a notice to the Election Commission and Jose K Mani.
The Commission by 2:1 majority had held that "the group led by Jose K. Mani was the Kerala Congress (Mani) and was entitled to use the name and the reserved symbol 'two leaves' for the purpose of elections."
When the case came for hearing, Supreme Court senior advocate Basava Prabha Patil, counsel for PJ Joseph, argued that the election commission has no right to allot a party to a person. The only jurisdiction vested with it is allotment of symbols to a party. The Commission is not authorised or empowered to decide on the internal issues of the party.
The issue of name does not come under paragraph 15 of the Symbols Act. The party acquires the name as per the provisions of its constitution 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 and it is for the party to decide its name and not the Commission.
In his dissenting order, 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.
According to the petitioners, late KM Mani was elected as chairman, PJ Joseph as working chairman and Jose K Mani as vice chairman in the organisational election held in 2018. Later, KM Mani 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 will be vested 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 the Kerala Congress (M) and 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.