KRISHNAKUMARI Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) Dated this the 30th day of October, 2020 This writ petition is filed challenging the decision of the State Election Commission declaring the petitioner disqualified for being the Councilor of Thiruvalla Municipality and barring contesting in any election as a candidate to the local authorities for a period of six years.

(2.) The petitioner, Smt.Krishnakumari A.P. was elected as a Councilor of Thiruvalla Municipality as a candidate of Indian National Congress (INC) in the election held in November 2015. Shri R.Jayakumar, the petitioner before the Election Commission was also elected as a councilor being the candidate of INC.

(3.) A no-confidence motion was moved against Shri K.V.Varghese, the Chairman of Thiruvalla Municipality. Shri K.V.Varghese also was elected as an INC candidate. Shri K.V.Varghese refused to step down as a Chairman in spite of the direction given to the above effect by the DCC President. This resulted in moving a no-confidence motion by his own party member Shri Jayakumar. DCC President of Pathanamthitta issued the whip. The motion was tabled on 18/4/2017. On that day, Smt.Krishnakumari remained absent. Alleging that Smt.Krishnakumari abstained from voting deliberately, Shri Jayakumar filed the petition to disqualify Smt.Krishnakumari under the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (hereinafter referred to as the "Prohibition Act").