VASANTHAKUMARI Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) Petitioner challenges the order of the Kerala State Election Commission (for short 'the Election Commission') in O.P. No.10 of 2021. By virtue of the impugned order dtd. 17/1/2023, the Election Commission found the writ petitioner disqualified on the ground of defection as per Sec. 3(1)(c) of the Kerala Local Authorities (Prohibition of Defection) Act, 1999, (for short ' the Act")

(2.) The second respondent and the writ petitioner in this writ petition were the original petitioner and the respondent, respectively, before the Election Commission. For the purpose of easier comprehension, the parties are referred to as they were arrayed before the Election Commission, i.e. writ petitioner as 'respondent' and second respondent as 'petitioner'.

(3.) According to the petitioner, he and the respondent were elected members of Ward No.1 and Ward No.4 of Mangara Grama Panchayat in the elections held to the Local Self Government Institutions in December 2020. While the petitioner was the official candidate of the Indian National Congress (for short 'the INC'), the respondent contested as an independent candidate with the symbol 'mobile phone'. Petitioner alleges that the respondent had, in her nomination paper, given a statement that she does not belong to any political party or any coalition and is an independent candidate, contesting without the help of any political party or coalition. Petitioner further alleged that after the respondent was elected as an independent candidate, she gave a sworn declaration that she was elected as an independent candidate with the support of CPI(M) of the LDF coalition. According to the petitioner, as the respondent joined a political party after the election, she has committed defection, attracting the vice of disqualification under Sec. 3(1)(c) of the Act.