CHINNAMMA VARGHESE Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) Aggrieved by the judgment in W.P.(C) No. 3130 of 2010 dated 19th March, 2010 the unsuccessful petitioner therein has preferred the present appeal. The Rayamangalam Grama Panchayat consists of 19 wards and therefore, under the provision of the Kerala Panchayat Raj Act, 19 members are required to be elected to the Grama Panchayat. The appellant contested the election to the office of the 'Ward Member' of Rayamanaglam Grama Panchayat as an independent candidate. The election took place on 24.9.2005.

(2.) The appellant, though contested the election as an independent, she was admittedly supported by a political party, C.P.I.(M). The said C.P.I.(M) in turn had a political arrangement with C.P.I., what is known in the political parlance as a coalition. In the said election the coalition of L.D.F. got 10 seats out of the 19 seats, the opposing coalition known as U.D.F. got 8 seats and the appellant won the 19th seat. The said 19 members of the Panchayat in turn elected the President and Vice President of the Grama Panchayat. In view of the majority acquired by the L.D.F., the candidates belonging to the L.D.F. got elected to the above mentioned offices.

(3.) However, one of the elected members of the Grama Panchayat belonging to the L.D.F. coalition resigned his membership on 7.1.2008. In the resultant bye-election a candidate belonging to the U.D.F. coalition won the said election. As a result both the L.D.F. as well as the U.D.F. coalitions came to have 9 seats each in Rayamangalam Grama Panchayat.