JULIE SABU Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) The above writ petition is filed with the following reliefs:

(2.) The post of the Chairperson of Piravom Municipality fell vacant on resignation of the Chairperson on 16/1/2024. The 1strespondent - Election Commission, has nominated the 2nd respondent as the Returning Officer for conducting the election to the post of Chairperson of Piravom Municipality. The 2ndrespondent as Returning Officer has fixed the election on 31/1/2024 at 11 am in the Municipal office. Ext.P1 is the notice dtd. 19/1/2024 fixing the election on 31/1/2024 at 11:00 a.m. It is submitted that there are 27 municipal councillors in Piravom Municipality. All the 27 municipal councillors attended the election pursuant to Ext.P1, is the submission. It is submitted that the Left Democratic Front (LDF) is having a total number of 14 councillors out of 27 councillors and the United Democratic Front (UDF) is having a total number of 13 councillors.

(3.) In the election to the post of Chairperson of Municipal Council held on 31/1/2024, the petitioner as well as the 5threspondent - Jincy Raju, were the candidates contesting the election to the post of Chairperson of Piravom Municipality. Since there were no other candidates contested for the post of Chairperson of Piravom Municipality, as per Rule 8 of the Kerala Municipality (Election of Chairperson and Deputy Chairperson) Rules 1995, (for short, "Rules, 1995") a voting was conducted. After the voting had taken place, it was found that both the petitioner as well as the 5threspondent obtained 13 votes each and one vote of one LDF councillors was declared as invalid. Therefore, both the petitioner as well as the 5threspondent got equal number of votes i.e., 13 votes.