M.V. BENNY Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) Since common issues are raised, these writ petitions were heard together and are being disposed of by this common judgment.

(2.) W.P.(C).No.27690 of 2016:- The petitioner was an elected member of Ward No.2 of Okkal Grama Panchayat in Ernakulam District, who was elected in the General Election held in October, 2010. The petitioner contested in the election with the symbol 'hand', as a candidate fielded by Indian National Congress (I) [for brevity, 'INC(I)']. There are 16 seats in Okkal Grama Panchayat, out of which, United Democratic Front [for brevity, 'UDF'] coalition secured 13 seats, i.e., INC(I) secured 12 seats and Kerala Congress (M) secured 1 seat. Left Democratic Front [for brevity, 'LDF'] coalition secured 3 seats, all by Communist Party of India (Marxist) [for brevity, 'CPI(M)']. An independent candidate secured 1 seat. As UDF secured majority it formed the Panchayat. In the election to the post of President and Vice President, the 2nd respondent herein was elected as the President and Smt. Mini Shaju was elected as the Vice President. Mini Shaju tendered resignation from the post of Vice President, on 23.7.2014. Thereafter, election to the vacant post of Vice President was notified and a meeting of the members of the Panchayat was convened on 20.8.2014.

(3.) W.P(C).No.27750 of 2016:- The petitioner was an elected member of Ward No.14 of Okkal Grama Panchayath, in the General Election held in October, 2010. He contested in the election with the symbol 'hand', as a candidate fielded by INC(I). He abstained in the meetings convened on 20.08.2014 and 21.08.2014 to elect Vice President. Alleging that, the petitioner herein, by abstaining from the meetings held on 20.08.2014 and 21.08.2014, committed act of defection and as such he is liable to be disqualified, the 2 nd respondent filed O.P.No.108 of 2014 (Ext.P1) before the State Election Commission, under sub-section (1) of Section 4 of the Act, seeking a declaration that the petitioner herein committed defection and hence disqualified to continue as a member of Okkal Grama Panchayat; and also for a declaration that he is disqualified for a period of six years to contest in any election to Local Self-Government Institutions.