SHEO PAUL Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) The second respondent in these writ petitions filed petitions before the first respondent, the Kerala State Election Commission, hereinafter referred to as "Election Commission", seeking declaration that the writ petitioners have ceased to be members of the Angamaly Municipality, hereinafter, the "Municipality" for short, owing to disqualification on ground of defection in terms of S.3(1)(a) of the Kerala Local Authorities (Prohibition of Defection) Act. 1999, hereinafter, "the AD Act", for short.

(2.) The contentions of the second respondent were two fold. Firstly, he, as the person authorised (hereinafter the "whip") by the political party to which the writ petitioners belonged, had issued a direction to the writ petitioners to vote for Sri. K. S. Shaji in the election of the Chairman of the Municipality scheduled on 7-10-2003 and the writ petitioners acted contrary to the said direction and voted for the writ petitioner in W. P. (C). No. 9896/2005 (arising from OP. No. 152 of 2003 before the Election Commission). Secondly, it was contended that the writ petitioners had voluntarily given up their membership of the political party to which they belonged.

(3.) By the impugned common order (Ext. P4 in all the writ petitions), dated 21-3-2005, the Election Commission upheld the first among the contentions of the second respondent as regards all the writ petitioners. It further held that the petitioner in WP (C) No. 9896/2005 had voluntarily given up his membership in the political party to which he belonged. The other writ petitioners were held to be not disqualified on this ground. Accordingly, the different petitions filed by the second respondent against the writ petitioners were allowed declaring that they had ceased to be members of the Angamaly Municipality from 21-3-2005 and they are disqualified as contesting as a candidate in the election to any local bodies for a period of six years from 21-3-2005.