SHEEBA GEORGE Vs. STATE ELECTION COMMISSION OF KERALA

JUDGEMENT

(1.) The captioned appeal is filed by the petitioner in W.P.(C) No. 25560 of 2022, challenging the judgment of the learned single Judge dtd. 2/9/2022, whereby the writ petition was dismissed confirming Exhibit P7 order dtd. 2/8/2022 passed by the Kerala State Election Commission, Thiruvananthapuram, against the appellant, in O.P. No. 5 of 2021, a petition filed by one Mamachan Joseph, an elected member of Ward No.3 of Keerampara Grama Panchayat; as per which the appellant is disqualified as a member of Ward No 6 of the Panchayat.

(2.) Brief material facts for the disposal of the appeal are as follows: The appellant is a candidate elected from Ward No. 6 of Keerampara Grama Panchayat, Ernakulam District, in the elections held to the Local Self Government Institutions in December 2020 as an independent candidate defeating the candidates belonging to the Left Democratic Front and the United Democratic Front. In the nomination paper submitted by the appellant, a specific declaration is made to the effect that she does not belong to any political party or in any coalition and also declared that she is an independent candidate contesting without any help from any of the political parties or coalition. Certified copy of the said nomination paper is produced as Exhibit P3 in the writ petition.

(3.) The appellant has also published an election notice dtd. 23/11/2020 requesting the electors to vote in her favour as an independent candidate and that she does not belong to any political party or any coalition, which is also produced along with the writ petition. The convener election committee of the appellant has printed and published colour posters, which were displayed in and around her ward as part of her election campaign and which is also produced along with the writ petition.