SHAJAHAN Vs. CHATHANNOOR GRAMA PANCHAYAT

JUDGEMENT

(1.) Appellant/petitioner is a member of Chathannoor Grama Panchayat Committee. He was elected as a candidate of a recognised political party (say 'A' party) from Ward No.l1. He was elected as the President of the Panchayat also. He continued as the President for about 60 days. Thereafter, a lone member belonging to another Party withdrew his support and, therefore, the President, supported by the 'A' party lost majority in the Panchayat Committee. Petitioner tendered his resignation from the 'A' party dissatisfied with the conduct of the leaders. Thereafter, Presidential election was held on 19-1-2000 in which petitioner and second respondent contested and the petitioner was declared elected. Second respondent filed a petition before the State Election Commission under S.4 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (in short 'the Act') for declaring that petitioner has forfeited his membership and disqualified. It was contended that petitioner had voluntarily given up his membership from the 'A' party and that he abstained from voting in favour of his party contrary to the directions issued by the party. It was further submitted that even though he submitted resignation, resignation was not formally accepted and, therefore, he is not liable for disqualification. Evidence was adduced by both parties. Witnesses were examined and by Ext. P10 order, State Election Commission allowed the application filed by the second respondent and declared that petitioner has committed defection as mentioned by S.3(1) (b) of the act and incurred disqualification from continuing as a member of the Grama Panchayat committee. Consequently, petitioner became disqualified from contesting the election for six years. Challenge against Ext. P10 order was not accepted by the learned single Judge.

(2.) Heard the learned counsel for the petitioner, Mr.N. Nandakumara Menon for the State Election Commission and Mr. Thampan Thomas for the second respondent.

(3.) Section 3(1) (a) of the Act reads as follows