SHEEBA JAMES Vs. T C GEORGE

JUDGEMENT

(1.) Petitioner who was the respondent in O.P. No. 2/11 on the file of the second respondent has filed this Writ Petition seeking to quash Ext. P4 order dated 5.5.2012 passed by the second respondent. Case of the petitioner is that she had requested the Congress President to field her as a candidate of Indian National Congress in Ward No. II of Kadamakudy Grama Panchayat. However, she was denied the seat and therefore she submitted nomination as an independent candidate. The nomination was accepted and she contested the election as an independent candidate with gas cylinder as her symbol and won with a majority of 125 votes. Thereafter, she contested the election to the post of President of the Panchayat with the support of LDF coalition and defeating the rival candidate fielded by the UDF coalition, she was elected as the President of the Panchayat.

(2.) The 1st respondent, the elected member from Ward No. V of the Panchayat, who is also the parliamentary party leader of UDF coalition filed O.P. No. 2/11 under S. 4 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (hereinafter referred to as 'the Act' for short) before the 2nd respondent seeking to disqualify the petitioner under S. 3(1)(b) of the Act. Petitioner filed Ext. P2 objection reiterating her contention that she fought and won the election as an independent candidate without the support of any political party.

(3.) Before the second respondent, on behalf of the 1st respondent, six witnesses were examined and none was examined on behalf of the petitioner. Exts. Pl to P8, XI to X4, CI and R1 were marked. Finally, the second respondent passed Ext. P4 order holding that the petitioner contested the election as an independent candidate with the support of UDF coalition. It was held that violating the whip, with the support of LDF coalition, she contested and was elected as the President of the Panchayat and hence committed defection. It is this order which is under challenge in this Writ Petition.