SUJITH SREERENGUM Vs. SUNIL SRADHEYAM

JUDGEMENT

(1.) The writ petitioner had filed a petition before the Kerala State Election Commission under the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (for short, 'the Act'), seeking to declare the first respondent as disqualified under Sec. 3 of the Act. By the impugned order dtd. 15/6/2023, the said petition was dismissed. This writ petition under Article 226 of the Constitution of India is in challenge against the said dismissal.

(2.) In the elections to the Local Self Government Institutions, held in December 2020, the writ petitioner and the first respondent were candidates nominated by the Indian National Congress (INC) - a constituent of the United Democratic Front (UDF) and were elected as members of Ward No.7 and Ward No.11, respectively, of the Mannar Grama Panchayat. According to the writ petitioner, the first respondent had voluntarily given up membership of the political party under whose banner he was elected and, that due to the failure to abide by the directions issued in a whip, he became disqualified under sec. 3 of the Kerala Local Authorities (Prohibition of Defection) Act 1999, (for short 'the Act ').

(3.) Writ Petitioner alleged in the petition for disqualification filed under Sec. 4 of the Act that the first respondent voted against the official candidate of the UDF in the elections to the President of the Mannar Grama Panchayat and further stood as a rival candidate against the candidate fielded by the UDF in the elections to the Vice-President of the said Panchayat. It was also pleaded that the respondent had disobeyed the written directions, resulting in the defeat of the UDF candidate in the election of the President and thus became disqualified to continue as a member of the Council.