MOLY GEORGE Vs. BENNY THOMAS

JUDGEMENT

(1.) The petitioner approached this Court by way of this writ petition challenging the decision of the Kerala State Election Commission declaring the petitioner as disqualified to continue as a member of Pallikkathodu Grama Panchayat based on an election held in November 2015. The decision also interdicts the petitioner for contesting as a candidate in an election to any local authorities for a period of six years from 18.6.2019, the date of the order. This decision was taken on a petition filed by the first respondent under the Kerala Local Authorities (Prohibition of Defection Act,) 1999 (hereinafter referred to as the Defection Act").

(2.) The petitioner and the first respondent are elected members of the Panchayat. They were elected as the candidates of the Kerala Congress (M) [for short, 'KC(M)']. KC(M) was part of the coalition of United Democratic Front (for short, 'UDF'). The election petition arose in the context of election to the Development Standing Committee of the Panchayat. The election to the above office was held on 29.6.2018. The case of the first respondent before the Election Commission was that violating the whip issued by the District President of KC(M), the petitioner cast her vote in favour of a rival candidate belonged to the Bharatiya Janata Party (for short, 'BJP') in the election. The first respondent was the candidate nominated by UDF for the post of Development Standing Committee.

(3.) There is no dispute to the fact that the petitioner had not voted in favour of the first respondent, who is a member of KC(M). According to the petitioner, no whip was served on her and she was not aware of the whip.