M.A. VISWAMBHARAN Vs. K.M. ABDULLA KUNJU

JUDGEMENT

(1.) THIS Writ Appeal is filed by the petitioner in W.P. (C) No. 17178 of 2014 challenging the judgment dated 14.08.2014 of the learned Single Judge.

(2.) THE writ petition came to be filed challenging Ext. P8, an order passed by the Election Commission declaring that the petitioner/appellant has voluntarily given up his membership from the political party and that he is disqualified from being a member of Kuttampuzha Grama Panchayat in terms of Section 3(1)(a) of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (hereinafter referred to as the "Act'). The learned Single Judge by the impugned judgment dismissed the writ petition inter alia holding that the Election Commission has found that there is violation of the whip and that the petitioner has voluntarily given up his membership and there is no reason to interfere with the finding of fact adjudicated by the Commission. On that basis the writ petition was dismissed.

(3.) THE learned counsel relied upon Section 3(1)(a) of the Act and contended that he has not acted contrary to any direction in writing issued by the political party or by a person or authority authorised in that behalf.