RADHIKA M Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioner, who is an elected Member of Kappur Grama Panchayat, seeks to quash Ext.P5 order of the 1st respondent-Kerala State Election Commission and to declare that the election petition OP No.35/2022 before the 1st respondent is not maintainable.

(2.) The petitioner was elected as Member from Ward No.16 of the Kappur Grama Panchayat in the General Election-2020 held to Local Self Government Institutions, on 10/12/2020. The Ward was reserved for Scheduled Castes and Scheduled Tribes. The petitioner belongs to "Paraya" community which is a Scheduled Tribe. The petitioner contested as independent candidate with "Autorickshaw" as election symbol.

(3.) The 2nd respondent filed OP No.35/2022 alleging that after contesting the election against LDF and UDF candidates and winning, the petitioner joined LDF and gave Rule 3(2) declaration to that effect and that the action of the petitioner was against the Kerala Local Authorities (Prohibition of Defection) Act, 1999 and warrants disqualification.