ABDUL HAQUE Vs. PATHUMMA

JUDGEMENT

(1.) One and the same person is the appellant. He is the second respondent in the respective Writ Petitions. He moved Ext. P1 petition before the State Election Commission to disqualify the writ petitioners, in terms of S.3 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (hereinafter referred to as the Act). The writ appellant and writ petitioners along with 12 others were elected to the Managing Committee of Kannamangalam Grama Panchayat. At the time of election there were two coalitions namely, Vikasana Munnani and Janakeeya Munnani. Political parties named Indian Union Muslim League (IUML) and Communist Party of India (Marxist) (CPI(M)) were constituents of the former. Certain other parties including Indian National Congress (I) (INC(I)) were the constituents of the latter. The political party named IUML fielded four candidates in its official symbol and five independent candidates with different symbol. The writ appellant was as well as the writ petitioners belong to those independent candidates supported by Muslim League. It is an admitted case that soon after the election, coalition named Vikasana Munnani disintegrated and each constituent functioned as different parties. While so, Muslim League party introduced a no confidence motion against the Vice President of the Panchayat who belonged to CPI(M). All the Muslim League members and the independent members including writ appellant and writ petitioners supported the said resolution. At that juncture, the Vice President resigned. There was new election to the office. An official candidate of the Muslim League was elected on 25.7.2001.

(2.) Thereafter, there was an attempt to move a No Confidence Motion against the writ appellant and the newly elected Vice President on 4.1.2003. That motion was successful, because the writ petitioners voted in favour of that motion. Thereupon the appellant filed a petition before the State Election Commission to disqualify them holding that they were deemed to be members of the IUML and had voluntarily left that party to attract S.3(a) of the Act. This was challenged by the writ petitioners separately in W. P. (C) No.37347/03 and W. P. (C) No.37300/03. The Writ Petitions were allowed and Ext. P3 was quashed. It was thereupon these Writ Appeals have been filed.

(3.) It is contended by the Writ Appellants that all of them including writ petitioners contested as candidates to a coalition. They were supported by Muslim League. So they shall have to be deemed to be members belonging to a political party namely, IUML. The writ petitioners had moved No Confidence Motion against the Vice President without concurrence of IUML. Thus they have voluntarily given up the membership of IUML to attract clause (a) of S.3(1) and they have thus become disqualified to continue as members of panchayat committee.