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
The court decreed that the expulsion of the plaintiff was illegal and issued a permanent injunction against the enforcement of the expulsion order. The plaintiff is also entitled to costs of the suit.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim. So, a decree can rightly be passed as prayed for.
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
Parties
- Party Role
- Plaintiff
- Party Name
- N.A.Mohammedkutty
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- The Nationalist Congress Party
- Relation
- represented by its National President
- Party Role
- Defendant
- Party Name
- Central Action and Disciplinary Committee of the Nationalist Congress Party
- Relation
- represented by its Chairman
- Party Role
- Defendant
- Party Name
- The Nationalist Congress Party
- Relation
- represented by its State President
- Party Role
- Defendant
- Party Name
- The National Congress Party, District Committee, Ernakulam
- Relation
- represented by its President
- Party Role
- Defendant
- Party Name
- Sri. Praful Patel M.P
- Relation
- National Vice President – NCP
Plaintiffs Documents
Photocopy of Rules of Nationalist congress, Photocopy of the plaintiff letter to Mr.Sharad Pawar, National President, NCP, Photocopy of the plaintiffs representation to National Election Authority Mr.Peethambaran Master, Photocopy of the plaintiffs representation to the State Election Authority, Photocopy of plaintiffs email representation to National President Mr.Sharad Pawar, Photocopy of the office order issued by the 2nd defendant, Original letter from Ajith Pawar National President of NCP.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.Sanjai
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- A.Parvathi Menon
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Paul Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Kiran Narayanan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Prasoon Sunny Rahul Raj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.K.Dheerandra Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Feroze D
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jiyas C.J
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Krishnendu T.S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Preethi S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Reji George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Manju Mohan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sai Sankar S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aayshath Najila Schemnau
- Appearance Type
- Assisting Counsel
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
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Violation of lease conditions
Case Code
Case between N.A.Mohammedkutty vs Nationalist Congress Party et al regarding illegal expulsion from party
Case Code Year
Case between N.A.Mohammedkutty vs Nationalist Congress Party et al regarding illegal expulsion from party