K SIVADASAN Vs. KERALA STATE ELECTION COMMISSION THIRUVANANTHAPURAM

JUDGEMENT

(1.) This writ petition is directed against an order of the Kerala State Election Commission holding that the petitioner is disqualified to continue as the Councilor of Koduvally Municipality. Ext.P1 is the said order.

(2.) The short issue arisen for consideration is in the context of Section 3(1)(c) of the Kerala Local Authorities (Prohibition of Defection) Act, 1999. In this case, the alleged ground of defection is referable to Section 3(1)(c) which reads thus:

(3.) The relevant facts are recapitulated for the purpose of this judgment as follows: The second respondent herein is the elected Councilor of Koduvally Municipality. He approached the Election Commission alleging that the petitioner herein, who was elected as an independent candidate from Ward No.28, has joined a coalition with United Democratic Front (UDF); therefore, he has to be disqualified under Section 3(1)(c) as a member.