IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 12278 of 2009(S) -------------------------- PETITIONER: --------------- K.MUBARAK, “A1 MASKAN”, P.O.TIRURKAD, VALAMBUR VILLAGE, PERINTHALMANNA TALUK BY ADV. SRI.MAHESH V.MENON RESPONDENTS: --------------- 1. CHIEF ELECTION COMMISSIONER, GOVERNMENT OF INDIA, NIRVACHAN BHAVAN, NEW DELHI. 2. STATE ELECTION COMMISSIONER, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM 3. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, PARLIAMENTARY AFFAIRS, NEW DELHI. 4. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM 5. K.SUDHAKARAN, MEMBER OF LEGISLATIVE ASSEMBLY, KANNUR ASSEMBLY CONSTITUENCY, KANNUR. 6. K.C.VENUGOPAL, MEMBER OF LEGISLATIVE ASSEMBLY, ALAPPUZHA ASSEMBLY CONSTITUENCY, ALAPPUZHA 7. K.V.THOMAS, MEMBER OF LEGISLATIVE ASSEMBLY, ERNAKULAM ASSEMBLY CONSTITUENCY, ERNAKULAM. BY SRI.MURALI PURUSHOTHAMAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. ------------------------------------------------- W.P(C)No.12278 of 2009 -------------------------------------------------- Dated this the 8th day of April, 2009 JUDGMENT Kurian Joseph,J. The writ petition is filed mainly with the following prayer:- (a) Issue an appropriate writ declaring that Members of Legislative Assemblies or Members of Parliament are not entitled to contest in the election to either of the office while holding the office in the other. In view of Article 101(1) of the Constitution of India read with the Prohibition of Simultaneous Membership Rules, 1950, there is no merit in the writ petition. It is accordingly dismissed. S.R.BANNURMATH, Chief Justice KURIAN JOSEPH, Judge ahg. S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. --------------------------- W.P(C)No.12278 of 2009 ---------------------------- JUDGMENT 8th April, 2009