CELENE JOY Vs. THE KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) THESE appeals arise out of a common judgment dated 8.2.2012. By the impugned judgment, the learned Single Judge upheld an order passed by the State Election Commission declaring the appellants/writ petitioners as disqualified on account of the defection in terms of Section 3 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (for short 'the Act').

(2.) THE short facts involved in the above appeals would disclose that an election was held to the Local Self Government Institutions in the year 2010 in respect of Pambadumpara Grama Panchayat, Idukki District. The appellants were elected as members of the Panchayat. They were belonging to the political party Indian National Congress (I) (for short 'INC'). Out of the 16 seats, INC candidates won in 10 seats, Kerala Congress (for short 'KC') in one seat and an independent supported by Congress in one seat. All of them together are the allies of United Democratic Front (for short 'UDF'). 3 seats were won by Left Democratic Front (for short 'LDF') and one seat was won by an independent candidate supported by Bharatiya Janata Party (for short 'BJP'). Since the INC party got majority to rule the Panchayat, it was decided to convene a parliamentary party meeting to elect the President, Vice -president, Parliamentary party office bearers and Whip. A meeting was convened on 6.11.2010 in the presence of Advocate Sri. M.N. Gopi, the General Secretary of the District Congress Committee (for short 'DCC'). In the meeting, all officers except parliamentary party leader and whip were selected unanimously. Since there was two nominations for the post of Parliamentary party leader and Whip, a suggestion was made to place the matter at the disposal of the DCC. The meeting was adjourned to 8.11.2010. The committee also authorized Adv. Sri. M.N. Gopi to contact the DCC and to get instructions. Adv. Sri. M.N. Gopi discussed the matter with the DCC and the President of the DCC issued a direction to see that Mr. Sreemandiram Sasikumar is elected as President of the Grama Panchayat. It is said that a parliamentary party meeting was convened by Sri. M.N. Gopi on 8.11.2010 and reported the matter to the above said committee. The appellants purposefully abstained from attending the meeting and it was unanimously decided to elect the aforesaid Sreemandiram Sasikumar as Parliamentary party leader and the 2nd respondent as Whip of the Panchayat. It is further contended that the 2nd respondent has issued whip in writing to all members to vote in favour of Mr. Sreemandirum Sasikumar. On 8.11.2010, the Presiding Officer called for the meeting to elect the President of the Panchayat. Contrary to the decision of the Parliamentary party and instruction of the political party, as against the official candidate of INC Mr. Sreemandiram Sasikumar, the name of Mr. C.S. Yasodharan who is also of INC party was proposed and seconded by the members. Mr. C.S. Yasodharan was unwilling to withdraw the candidature and decided to contest in the voting. 5 members of INC and one independent voted in favour of Mr. Sreemandiram Sasikumar whereas the appellants, the KC members and the independent candidate supported by BJP voted in favour of Mr. C.S. Yasodharan, who got 7 votes and he was declared to be elected with the majority of one vote. This, according to the petitioner, was clearly against the whip issued and also amounts to defection in terms of Section 3 of the Act.

(3.) FIVE cases were filed by the 2nd respondent herein against all the 5 members of INC who voted in favour of Mr. C.S. Yasodharan. The Election Commission, after having considered the entire material on record, came to the finding that no whip was issued for the candidature of Mr. Sreemandiram Sasikumar. But, coming to the issue regarding voluntarily giving up of membership from the party, it was found that the appellants having violated the directions issued by the DCC, had acted against the interest of INC party and therefore they are disqualified to continue as members of the Panchayat as provided under Section 3 of the Act. It is impugning the aforesaid order of the Election Commission that the writ petitions were filed.