SHEEBA GEORGE Vs. STATE ELECTION COMMISSION OF KERALA

JUDGEMENT

(1.) The petitioner is a candidate, who is elected from Ward No.6 of the Keerampara Grama Panchayat in Ernakulam District, in the elections to the Local Self Government Institutions held in Kerala in December, 2020. The petitioner seeks to quash Ext.P7 and to declare that the petitioner is entitled to continue as an elected Member of the Keerampara Grama Panchayat, irrespective of issuance of Ext.P7 order.

(2.) The petitioner states that she was elected from Ward No.6 of Keerampara Grama Panchayat as an independent candidate. As per Rule 3 of the Kerala Local Authorities (Disqualification of Defected Members) Rules, 2000 (hereinafter referred to as "the Rules, 2000", for brevity), a Member is required to file a Declaration. According to the petitioner, the Rule permits an independent Member to file a declaration that he/she received support from a political party.

(3.) The petitioner submits that after the elections, she filed Ext.P1 declaration dtd. 21/12/2020 to the effect that she received support from the Communist Party of India (Marxist) and the coalition including the Communist Party of India (Marxist) (CPI(M)) and the Communist Party of India (CPI). The petitioner would urge that an independent candidate, who contested elections otherwise than with the support of a political party, can also declare that he/she received support of a political party. This will not constitute defection as the same is a statutory requirement. Ext.P1 declaration filed by the petitioner does not in any manner indicate that the petitioner has joined CPI(M) or CPI.