NASEERA BEEVI Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioners are the members of Navaikulam Grama Panchayat in Thiruvananthapuram district. They are challenging Ext. P11 order of the Election Commission. By the said order, the Commission has held that they have voluntarily given up the membership of their political party and therefore, they have ceased to be the members of the above said Panchayat and are disqualified to be candidates to contest any election to the local bodies for a period of 6 years. The brief facts of the case as pleaded by the petitioners are the following:-

(2.) In the election to the committee of Navaikulam Grama Panchayat held in September 2000, the candidates mainly belonged to two political fronts. For convenient reference, the fronts are called A and B fronts and the party of the petitioners is described as C Party. The petitioners belong to C party and they contested in the symbol of that party. Their party is part of A front and the rival political group is the B front. The total strength of the Panchayat Committee was 17. 11 members were elected from A front and 6 members from B front. All the 11 elected members of A front belonged to C Party. After the election, the petitioners were elected President, Vice President, Chairman of the Welfare Standing Committee and Chairperson of the Development Standing Committee respectively. While so, in February, 2002, a no-confidence motion was moved against petitioners 1 and 2, which was supported by some of the A front members, including the 2nd respondent herein. The said motion was passed and in their place, one Smt. Najmuneesa and Shri. Gopalakrishnan Nair were elected President and Vice President respectively. After the lapse of about one year, in January 2003, one Shri. Shereef, a member of the B front moved a no-confidence motion against the President and Vice President. It was scheduled to be taken up for consideration on 13.1.2003. It is submitted, the 2nd respondent herein, claiming to be the parliamentary party leader of the C Party, issued a whip to all members of the C Party to vote against the no-confidence motion. The petitioners, however, did not receive any whip. The 2nd respondent was not authorised by any competent person to issue such a whip. Thus, there was no valid whip issued to any of the members of the C Party. However, before the consideration of the no-confidence motion, the petitioners herein intimated the Secretary of the Panchayat by letter dated 8.1.2003 that they have decided to continue as members of the C Party, but to remain as a separate block. The said letter is Ext. P10. The petitioners voted in favour of the no-confidence motion on 13.1.2003 and the same was carried. Immediately thereafter, the President of the Thiruvananthapuram District Committee of C Party removed the petitioners on 18.1.2003 from the primary membership of the said party for a period of 6 years. Ext. P1 is the communication issued by the District President of the party in this regard.

(3.) While so, the 2nd respondent herein, who is a member of Ward No.2 of Navaikulam Grama Panchayat, filed Exts. P2 to P5 petitions before the State Election Commission on 24.1.2003, seeking to disqualify the petitioners under S.3(1) of the Kerala Local Authorities (Prohibition of Defection), Act, 1999. The petitioners filed Exts. P6 to P9 objections. After taking evidence and hearing both sides, the Election Commission allowed Exts.P2 to P5 petitions against the petitioners by Ext. P11 order. This Writ Petition is filed challenging Ext. P11.