M.LIJU Vs. KERALA STATE ELELCTION COMMISSION

JUDGEMENT

(1.) The writ petitioner was the President of the Indian National Congress, Alappuzha District Committee (for short 'INC') and the authorised office bearer to allot the official symbol to the candidates of his political party. In the election held to the Local Self Government Institutions of Alappuzha District on 18/11/2015, petitioner is alleged to have allotted the official symbol of 'hand' to its candidates. The second respondent was elected as a member of Ward No.9 of Veliyanadu Grama Panchayat. Alleging that the second respondent had, contrary to a whip issued by the petitioner, acted in defiance of the same at a no-confidence motion moved by the opposition party CPI(M), against the then President of Veliyanadu Grama Panchayat, O.P. No.42 of 2019 was filed seeking his disqualification. By the impugned order dtd. 2/8/2022, the petition was dismissed, challenging which this writ petition is preferred.

(2.) According to the writ petitioner, the second respondent was the elected member of Veliyanadu Grama Panchayat from Ward No.9, having been the official candidate of INC. The coalition of UDF in Veliyanadu Grama Panchayat consisted of INC, Kerala Congress (M) and other political parties, while the coalition of LDF included the CPI(M) and the CPI. The second respondent was initially the President of the Panchayat, and after he stepped down, Sri. Sabu Chacko of the UDF itself became the President of the Panchayat. In the meanwhile, a no-confidence motion was moved by the CPI(M), against Sri. Sabu Chacko, the then President of the Panchayat, for which a meeting was scheduled to be held on 27/9/2019.

(3.) Petitioner alleged that INC decided to abstain from the meeting that was called to discuss the no-confidence motion against Mr.Sabu Chacko-the President. The writ petitioner, being the authorised person, issued a whip to all the INC members, including the second respondent, to abstain from the meeting on 27/9/2019. However, since the second respondent refused to accept the whip issued to him, it (whip) was sent by registered post. Even after receiving the whip on the previous day of the meeting, the second respondent, in defiance of the directions issued, not only attended the meeting but also voted in favour of the no-confidence motion, thereby incurring disqualification on the ground of defection under sec. 3(1)(a)(ii) of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (for short 'the Act'). Petitioner further alleged that after being disloyal to INC and as a reward for defiance of the whip, the second respondent was made the President of the Panchayat in the year 2019 in support of the CPI(M). It was in such circumstances that O.P. No.42 of 2019 was filed before the Kerala State Election Commission by the petitioner seeking to disqualify the second respondent.