VARGHESE Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) This writ petition was filed challenging an order of the State Election Commission declaring the petitioner disqualified for being Councilor of Thiruvalla Municipality and also declaring that the petitioner is disqualified from contesting election to any local authorities for a period of six years.

(2.) The petitioner, Shri Varghese K.V. and Shri R.Jayakumar, the second respondent are elected Councilors of Thiruvalla Municipality based on the election held in November 2015. They were elected as the candidates of Indian National Congress (INC). The parties are hereafter referred to by their names. INC was part of the political coalition by name United Democratic Front (UDF).

(3.) UDF Coalition obtained majority seats in the Council. An understanding was arrived in the coalition to share chairmanship. For the first 30 months, the nominee of INC would get chairmanship and the remaining 30 months to the nominee of the Kerala Congress (M), a constituent of UDF would get chairmanship. Further understanding appears to have been made within INC to share chairmanship between Shri Varghese and Shri Jayakumar for a period of 15 months each. Shri Varghese became the Chairman for the initial period. As per the understanding, he has to resign from Chairmanship on 18/2/2017. Thereafter, DCC intervened and directives were issued to Shri Varghese to step down.