JOMON K.M. Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) This writ petition is filed challenging the decision of the Election Commission for disqualifying the petitioner under the Kerala Local Authorities (Prohibition of Defection) Act.

(2.) The petitioner and the 2nd respondent are the elected members of Thidanadu Grama Panchayat in Kottayam District based on an election held in the year 2015. The petitioner and the 2 nd respondent were elected as a candidate of Indian National Congress (INC). The Indian National Congress was a part of coalition called UDF. UDF got the majority and formed the Panchayat Board. The issue related to disqualification arose in the context of an election to the Chairman of the Development Standing Committee. The election was held on 14.02.2017.

(3.) The 2nd respondent moved a petition, disqualifying the petitioner, before the Election Commission alleging that the petitioner disobeyed the whip issued by the DCC President on 11.02.2017. According to the 2nd respondent, this whip was issued to the members of INC to vote in favour of the nominee of INC. The 2nd respondent was the nominee of INC.