VIJAYAKUMARI Vs. KERALA STATE ELECTION COMMISSION AND OTHERS

JUDGEMENT

(1.) This appeal is filed by the writ petitioner challenging judgment dated 11/1/2010 in WP(C) No.311/2010 by which learned Single Judge refused to interfere with an order passed by the Kerala State Election Commission, thereby dismissing the writ petition.

(2.) The short facts involved in the writ petition would disclose that during the election held in September, 2005, petitioner contested and was elected as the member of the Neyyattinkara Municipality. She was sponsored by Indian National Congress (INC) party. Among the total members in the Municipal Council, Left Democratic Front (LDF) had 21 members, United Democratic Front (UDF) had 19 members and Bharatiya Janatha Party (BJP) had one member. Out of the 19 members belonging to UDF, 15 were INC candidates, two were independents and one belonged to Kerala Congress (M) (KCM) and the other Communist Marxist Party (CMP). It is stated that there was an understanding between the elected members of the Council that petitioner and one Priyamvada were to be the Chairperson which is to be shared between them for 2= years. For the first half, Smt.Priyamvada was elected as Chairperson. In fact, the Chairperson post was reserved for Scheduled Caste woman and there were no other candidates other than the aforesaid two UDF members. After the first 2= year term, Smt.Priyamvada did not vacate the post and therefore, the petitioner along with six members of the Congress party gave a No Confidence Motion for removal of Smt.Priyamvada. The motion was moved on 2/2/2009 and was carried with votes of members of LDF and six members of Congress party including the petitioner. Thereafter, petitioner stood as a candidate against Smt.Priyamvada. Petitioner's candidature was proposed by the LDF members and she won in the election with the votes of LDF members and six members of the Congress Party.

(3.) The 3rd respondent, who is another member of the Congress Party filed a petition under Section 4 of the Kerala Local Authorities (Prohibition of Defection) Act, (hereinafter referred to as 'the Act') before the Kerala State Election Commission inter alia contending that the action of the petitioner in moving the No Confidence Motion and voting in favour of the No Confidence Motion disobeying the whip issued by the Congress Party clearly amounted to defection and that she had voluntarily given up her membership in the Congress Party, by acting against the wish of the political party.