SHINEY AUGUSTINE ARUNCHERIYIL Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioner in W.P(C)No.19694 of 2009 is the appellant in this writ appeal. The writ petition was filed challenging Ext.P3 order passed by the Kerala State Election Commission on 9.7.2009 disqualifying the appellant under the provisions of the Kerala Local Authorities (Prohibition of Defection) Act, 1999. By judgment delivered on 9.10.2009 the learned single Judge dismissed the writ petition. Hence this writ appeal. The brief facts of the case are as follows.

(2.) In the elections to the local bodies held in the year 2005, the appellant was elected as member of Vannapuram Grama Panchayat from Ward No.6 of that Panchayat, as a candidate sponsored by the Kerala Congress (J), a political party registered under section 29A of the Representation of the People Act, 1951. The second respondent herein was elected as the member representing Ward No.5 of Vannapuram Grama Panchayat as a candidate sponsored by the Kerala Congress (J). The Committee of the Vannapuram Grama Panchayat consisted of 16 members including the petitioner and the second respondent. Nine out of the said sixteen members including the appellant and the second respondent were members of the Left Democratic Front (LDF), a coalition of political parties and seven were members of the United Democratic Front (UDF), yet another coalition. The members belonging to the Left Democratic Front had the majority in the committee of the Panchayat. They elected the appellant as the President and Sri.Jose Joseph, a candidate sponsored by the Communist Party of India (Marxist) which is also a constituent of the Left Democratic Front, as the Vice President.

(3.) While the appellant was in office as the President of Vannapuram Grama Panchayat, she subscribed her signature to a motion of no confidence moved by the opposition parties (UDF) against Sri.Jose Joseph, the Vice President of the Panchayat. The motion was tabled on 13.11.2008, it was carried and the Vice President was unseated. Two weeks later, the second respondent herein, the member representing Ward No.5 of Vannapuram Grama Panchayat filed O.P.No.158 of 2008 before the Kerala State Election Commission under section 4 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 for an order disqualifying the appellant. In that application, a copy of which is on record as Ext.P1, the second respondent contended that the appellant has voluntarily given up her membership of the Kerala Congress(J), political party, joined the UDF and signed a no confidence motion against the Vice President along with members of the UDF, that thereupon a notice was issued to the appellant to attend the parliamentary party meeting of the Kerala Congress (J), that in the meeting of the parliamentary party of the Kerala Congress (J), the second respondent herein was elected as the whip, that he thereupon issued a whip to all the members including the appellant by registered post, that the whip was also affixed in the residence of the appellant in the presence of witnesses, but the appellant, knowing the contents and ignoring the directions of the parliamentary party, voluntarily gave up her membership of the Kerala Congress (J), supported the no confidence motion, voted in favour of the no confidence motion and ousted the Vice President belonging to the LDF. It was alleged that the appellant has thereby voluntarily given up her membership of the Kerala Congress (J) and joined hands with Congress and the UDF.