K.SIVADASAN Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) The writ petitioner, Shri K.Sivadasan won the election as a member to the Koduvally Municipality from Ward No.28, (Koduvally East Ward), East Hill, defeating two candidates. But his hard-won election is surmounted by a legal challenge under the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (hereinafter referred to as the 'Defection Act'). The conundrum faced by Sivadasan is more intricate and a difficult problem for this Court to resolve at the first instance. So Sivadasan came with a review. The review petition was allowed. The matter was heard at length and breadth again. Sivadasan won again from the defeat he suffered by the dismissal of the writ petition through the review.

(2.) The case of Sivadasan is a creation of the law. Difficulty to understand the law, arising from doubtful preposition added to the disadvantage of Sivadas, before the Election Commission. Paradoxically enough the Court failed to read the law in a perspective which is required, perhaps for the reason that everyone in the litigation failed to understand the ambiguity revolved around arrangement of "coalition" as referred in the Defection Act.

(3.) Sivadasan submitted the nomination to contest from Ward No.28 as an Indian National Congress (INC) candidate on 14/10/2015 at 1.38 p.m. On the same day, one Shri C.M.Gopalan of Congress party submitted another nomination at 3 p.m. to contest as a candidate nominated by Congress. The District Congress President, Shri Abu allotted party symbol 'Palm' to Gopalan. This turned Sivadasan to contest as an independent candidate. Sivadasan was allowed with a symbol 'Bus' to contest as an independent candidate. The contest was mainly between two coalitions, Left Democratic Front (LDF) and UDF. Congress was constituent of UDF. Indian Union Muslim League was another constituent of UDF. As revealed from the pleadings and evidence, UDF coalition of the Municipal Committee supported Sivadasan as an independent candidate. However, the District Congress Committee supported Gopalan as an official candidate. Sivadasan won. Immediately, as required under Rule 3 of the Kerala Local Authorities (Disqualification of Defected Members) Rules, 2000 a declaration was submitted by Sivadasan declaring that he is an independent member belonging to UDF.