Case Summary
N.A.Mohammedkutty is the plaintiff who claims he was illegally expelled from the Nationalist Congress Party without following proper procedures. The defendants, including the party and its various officials, did not respond to the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration that the expulsion was illegal and a permanent prohibitory injunction against expulsion enforcement.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The evidence presented by the plaintiff was unchallenged and satisfactorily proved the claims made in the plaint.
The evidence presented by the plaintiff was unchallenged and satisfactorily proved the claims made in the plaint.
Judgment Evidence:
In the result, 1. The suit is decreed by a declaration that the expulsion of the plaintiff vide order dated 18.10.2022 as illegal, in violation of the constitution and byelaws of the 1st defendant party. 2. The suit is decreed by a permanent prohibitory injunction directing the defendants from enforcing the order dated 18.10.2022 by expelling the plaintiff from the party or preventing the plaintiff from exercising his rights as a member.
Parties Involved
Plaintiffs
N.A.Mohammedkutty (63 years years)
Cochin University P.O, Njalakam Kara, Thrikkakara North Village, Kanayannur taluk, Ernakulam District
Defendants
The Nationalist Congress Party (Age not specified years)
No. 1 Pt. Ravi Shankar Lane (Canning Lane), Near Ferozshah road, New Delhi - 110 001
Central Action and Disciplinary Committee of the Nationalist Congress Party (Age not specified years)
C/o Nationalist Congress Party office 1, Pt. Ravi Shankar Shukla Lane (Canning lane), near Ferozshah road, New Delhi – 110 001
The Nationalist Congress Party (Age not specified years)
C.C. no. 62/5024/40/B62, Sreerangam Building,Iyyattilmukku junction, Chittoor road, Near KPCC Junction, Ernakulam South, Ernakulam Pin – 682 016
The National Congress Party, District Committee, Ernakulam (Age not specified years)
near Lenin Centre, Kaloor, Kochi – 682 017
Sri. Praful Patel M.P (Age not specified years)
C/o Nationalist Congress Party office, No. 1 Pt. Ravi Shankar Shukla Lane (Canning Lane), Near Ferozshah road, New Delhi – 110 001
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that the expulsion of the plaintiff is illegal.
Evidence:
The suit is decreed by a declaration that the expulsion of the plaintiff vide order dated 18.10.2022 as illegal.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Preventing the defendants from expelling the plaintiff or preventing participation in party activities.
Evidence:
The suit is decreed by a permanent prohibitory injunction directing the defendants from enforcing the order dated 18.10.2022.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to the costs of the suit.
Evidence:
The plaintiff is entitled to the costs of the suit.
Documents & Evidence
Document Type:
Photocopy of Rules of Nationalist congress
Submitted By:
Plaintiff
Relevance:
Mentioned as evidence of the party rules.
Reference:
Ext.A1
Document Type:
Photocopy of the plaintiff letter to Mr.Sharad Pawar, National President, NCP
Submitted By:
Plaintiff
Relevance:
Submitted as part of the plaintiff's representation.
Reference:
Ext.A2
Document Type:
Photocopy of the plaintiffs representation to National Election Authority Mr.Peethambaran Master
Submitted By:
Plaintiff
Relevance:
Used as evidence of the plaintiff's complaints.
Reference:
Ext.A3
Document Type:
Photocopy of the plaintiffs representation to the State Election Authority
Submitted By:
Plaintiff
Relevance:
Included in the plaintiff's submissions to demonstrate adherence to process.
Reference:
Ext.A4
Document Type:
Photocopy of plaintiffs email representation to National President Mr.Sharad Pawar
Submitted By:
Plaintiff
Relevance:
Part of the evidence regarding communication with party leadership.
Reference:
Ext.A5
Document Type:
Photocopy of the office order issued by the 2nd defendant
Submitted By:
Plaintiff
Relevance:
Critical in demonstrating the basis of the plaintiff's expulsion.
Reference:
Ext.A6
Document Type:
Original letter from Ajith Pawar National President of NCP
Submitted By:
Plaintiff
Relevance:
Served as important evidence in the plaintiff's defense.
Reference:
Ext.A7