TISSY M.K. Vs. STATE ELECTION COMMISSION, KERALA

JUDGEMENT

(1.) The petitioner in W.P.(C) No. 8242 of 2022 has preferred this appeal challenging the judgment of the learned single Judge dtd. 21/3/2022, whereby the writ petition was dismissed upholding the order passed by the Kerala State Election Commission in O.P No. 31 of 2019 filed by the second respondent i.e. P.T. Eldo, a member of the Rajakumari Grama Panchayat, seeking to disqualify the appellant, as per the provisions of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (Act, 1999' for short).

(2.) Brief material facts for the disposal of the appeal are as follows:

(3.) The 2nd respondent was elected from Ward No.9 of Rajakumari Grama Panchayat in the election held during November, 2015 and he belongs to the Indian National Congress. He filed a complaint before the Kerala State Election Commission-first respondent, as O.P. No. 31 of 2019 under Sec. 4 of the Act, 1999 alleging that the action of the appellant in contesting the election to the post of President of the Rajakumari Grama Panchayat was in violation of the whip issued by the President of the Idukki District Congress Committee and thus, voluntarily abandoned the membership in the party.