ANITHA BABY Vs. KUNJAPPAN PAINKILY

JUDGEMENT

(1.) These writ petitions arise from a common order dated 3.5.2014 of the Kerala State Election Commission in O.P.Nos.52, 51 and 53 of 2013 respectively. The petitioners herein have allegedly played different roles in the election to the Presidentship of Thirumaradi Grama Panchayat (for short 'the Panchayat') which ultimately found by the Election Commission as amounting to disloyalty and as such sufficient to disqualify them from being members of the said Panchayat under Section 3 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (for short 'the Act') for having committed defection. Consequently, declarations that the petitioners stood disqualified for being members of the Panchayat as provided by Section 3(1)(a) of the Act and also disqualified for contesting as candidates in an election to any local authorities for a period of six years from that date as provided under Section 4(3) of the Act have been made by the Election Commission as per the said common order. Therefore, these writ petitions carrying challenge against the said common order are taken up for joint hearing and disposal.

(2.) The aforementioned original petitions were filed before the Kerala State Election Commission by the common first respondent against the petitioners, in these writ petitions. The common first respondent who filed the original petitions and the respondents therein who filed these writ petitions are referred to hereafter in this judgment as 'common first respondent' and 'writ petitioners' respectively unless otherwise specifically mentioned. The undisputed factual contentions in all the aforesaid original petitions can be encapsulated as follows:-

(3.) The writ petitioners filed written statements in the respective original petitions and resisted the claims and contentions of the common first respondent except the factual contention that all the three petitioners cast votes in favour of the petitioner in W.P.(C) No.12014 of 2014 and she became the President of the Panchayat. In fact, they raised certain common contentions. The contentions of the learned Senior Counsel appearing for the writ petitioners as also the common first respondent can be summed up as follows:-