PRASANNAKUMARY Vs. SHIBU

JUDGEMENT

(1.) The writ petitioner, Smt. D. Prasannakumary was elected as a member of Kanjiramkulam Grama Panchayath for the tenure 2010-2015 as an independent member. The term of the Panchayath committee expired on 31.10.2015.

(2.) Before the expiry of the term of the Panchayath committee, the general election to all local bodies was announced. The petitioner submitted her nomination on 14.10.2015 to contest on the symbol of Indian National Congress. Under the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (for short, the "Act"), if an independent member joins any political party, such a member is deemed to be disqualified on the ground of defection as referable under Section 3(1)(c) of the Act. The statutory provision under Section 3(1)(c) is reproduced herewith for reference:

(3.) G.R. Shibu, the first respondent herein filed an election petition before the Kerala State Election Commission on 14.12.2015 to declare that the petitioner D. Prasannakumary acquired disqualification by defection by joining a political party while functioning as an independent member without any affiliation. The cause of action alleged is based on submission of her nomination on 14.10.2015 and acceptance of such nomination on 17.10.2015. Under law, 30 days time is prescribed for filing a petition, that means, the cause of action would run from 17.10.2015. Admittedly, the petition for a declaration to disqualify the writ petitioner was filed only on 14.12.2015. The Election Commission condoned the delay by a preliminary order dated 26.7.2016. The Election Commission also allowed the petition by order dated 03.11.2017 holding that the petitioner committed defection as provided under Section 3(1)(c) of the Act.