SINDHU ANILKUMAR Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioner, who contested as an independent candidate from Ward No.1 of Pavaratti Grama Panchayat in Thrissur District, in the elections to the Local Self Government Institutions held in December, 2020, is before this Court seeking to quash Ext.P3 order dtd. 4/7/2023 passed by the 1st respondent-Kerala State Election Commission in OP No.14/2021.

(2.) The petitioner states that she contested as an independent candidate with the symbol 'Autorickshaw'. As the opposing candidate belonged to Left Democratic Front, the petitioner was supported by the Indian National Congress. The petitioner won the election and gave a declaration to the Panchayat that she is affiliated with the United Democratic Front, in which Indian National Congress is only one of the parties. As the petitioner is an independent candidate, there is no question of anyone issuing a whip to the petitioner in terms of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (hereinafter referred to as 'the Defection Act, 1999' for brevity).

(3.) The petitioner contested to the post of President of the Grama Panchayat. The Indian National Congress issued a whip to its members. The votes cast by the petitioner in the election to the posts of President and Vice President were declared as invalid. The petitioner got six votes and the 2nd respondent got four votes. The petitioner was declared elected as President.