NIZAR MUHAMMED Vs. MILSY SHAJI

JUDGEMENT

(1.) The writ petitioner challenges the order passed by the Kerala State Election Commission, Ext.P11 declaring that the petitioner has committed defection and hence disqualified to continue as a member of the Paingottoor Grama Panchayat and also for declaring him as disqualified to contest as a candidate in any election of local authority for six years, allowing OP No.27/2021 filed by the first respondent herein.

(2.) The first respondent filed the above original petition contending that she won the election to the Peringottoor Grama Panchayat as the official candidate of the Indian National Congress (hereinafter referred to as 'INC') in Palm symbol and is a constituent of the United Democratic Front (UDF). It was alleged that the first respondent contested as an independent candidate supported by UDF. In the election held for the Local Self Government Institutions in December 2020, both the petitioner and the first respondent who were UDF candidates won and became Panchayat members. They have given sworn declarations before the Secretary of the Panchayat concerned, showing their association with the INC political party. The said declaration given by the respondent to the Secretary as per Rule 3(1) of the Kerala Local Authorities (Prohibition of Defection) Act, affirmed that the first respondent was an independent candidate supported by INC which is a constituent of UDF.

(3.) It is stated that the Grama Panchayat has a total of 13 Ward members out of which, 5 members belong to the Indian National Congress (INC) and one independent member supported by the INC and UDF, who is the respondent in the election petition. It was contended that the LDF coalition had 6 members. After the election, at the instance of the district leaders of UDF, arrangements were made for the rule of the Panchayat with 6 members from UDF and 1 independent member supporting UDF. The post of the President of the Panchayat was then allotted to an independent member namely Cissy Jaison of Ward No.11. It is pleaded that this arrangement was made known to all members of the UDF including the petitioner and the respondent. The respondent was elected as the Vice President of the Panchayat as the candidate of INC and UDF. The respondent, without any prior intimation to the INC and UDF resigned from the post of Vice President of the Panchayat.