SUBRAMANIYAN S. Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) This writ petition was filed challenging an order of the Kerala State Election Commission dismissing the petition filed by the petitioner under Section 4 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (for short, the 'Defection Act') to declare that the second respondent disqualified to continue as a member of the Ambalappara Grama Panchayat. The petition was filed on the ground that the second respondent, who was elected as a member of the Ambalappara Grama Panchayat on the symbol of Communist Party of India (Marxist) [CPI(M)] has voluntarily given up his membership by joining BJP, another political party.

(2.) The case in this matter is relatable to first part of Section 3(1)(a) of the Defection Act. It is appropriate to refer Section 3(1)(a) of the Defection Act which reads thus:

(3.) There are two parts related to the grounds of disqualification as aforementioned. Firstly, a member of the local authority belonging to a political party voluntarily gives up his membership; secondly, acting against the whip of political party. The disqualification can be based on satisfying any one of the part or both. In this case, the case projected on the first part of the ground of disqualification under Section 3(1)(a) of the Defection Act.