JIJI THOMAS Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) The writ petitioners challenge Ext.P10 common order dtd. 2/7/2024 passed by the Kerala State Election Commission, allowing OP Nos.6/2021, 7/2021 8/2021 and 9/2021 filed by the second respondent herein.

(2.) The second respondent filed the above original petition against the writ petitioners contending that the respondents had submitted their nomination for the General Election to the Local Bodies held during December 2020, as members of the Revolutionary Marxist Party of India (hereinafter referred to as RMPI). They also allege that the State Secretary of RMPI had requested the Returning Officer of East Eleri Grama Panchayat, in writing to allot their party symbol "Foot Ball" to the respondents based on which the respondents were allotted the symbol "Foot Ball" and had contested as a candidate of RMPI, which is the sheet anchor of the case of the second respondent. The East Eleri Grama Panchayat had a total of 16 Ward members out of which, 7 members belong to the Indian National Congress (INC), 4 to RMPI, 2 to CPIM, and 3 to independent members. They contend that after the election, arrangements were made by the Indian National Congress with RMPI to rule the Panchayat. Accordingly, the Panchayat was ruled by INC members with the active support of the RMPI. The post of the President of the Panchayat was then allotted to Indian National Congress and Adv. Joseph Mutholi, the second respondent herein elected from Ward No.16, who belongs to INC was allowed to contest as the President of the Panchayat and the said arrangement was made known to all the members of INC and RMPI. It is also stated that earlier arrangements were made for the rule of the Panchayat by the member of the INC, but as a matter of fact, the RMPI through the State Secretary, who is the authorised person and who is empowered to grant the symbol of the candidate, has given written instructions by way of whip (direction in writing) dtd. 29/12/2020, to all the members belonging to the RMPI including the respondents. The said whip directed the RMPI elected ward members, and the respondents to attend the meeting and cast their valid vote in favour of the petitioner on 30/12/2020. The whip was duly served in terms of Subrule (2) of Rule 4 of the Kerala Local Authorities (Disqualification of Defected Members) Rules, 2000, and the Secretary had acknowledged the same.

(3.) On 30/12/2020, when the meeting was called for the election of the President of the Grama Panchayat, the second respondent Adv. Joseph Mutholi, stood as a candidate for the post of President, based on the arrangement aforesaid. However, the writ petitioners and three others of RMPI voted in favour of the opposite candidate and defeated the official candidate of INC as the INC candidate could only obtain 7 votes and the opposite candidate obtained 9 votes, with the active support of the writ petitioners, the respondents before the Election Commission. This according to the Petitioner in the election petition shows that the respondents therein had withdrawn from the RMPI and defied the valid direction given by the State Secretary of RMPI, and accordingly, they have voluntarily abandoned their membership from the RMPI which fielded them as candidates in the general election. They have also voluntarily abandoned and given up their membership in RMPI and joined another party moving with the support of opponents in the Panchayat against the will of RMPI and INC and had cast their vote against the direction in the election to the post of President and accordingly committed defection going by the provisions of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (for short 'the Act'). On these grounds the petitions were filed before the Election Commission, OP Nos.6/2021, 7/2021 and 8/2021.