K. CHENTHAMARA Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioners have filed this writ petition seeking a writ of certiorari to quash Ext.P9 common order dated 30.6.2015 of the Kerala State Election Commission, the 1st respondent herein, in O.P. Nos. 96 of 2013 to 100 of 2013. They have also sought for a declaration that obedience of the whip issued by the competent authority under the Constitution of the party, rather than the autocratic and monarchic order issued by the President of the party, can never be interpreted as being disloyal to the party to attract the disqualification under clause (a) of sub-section (1) of Sec. 3 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (hereinafter referred to as 'the Act').

(2.) The petitioners herein are members of Socialist Janatha (Democratic) party (hereinafter referred to as 'SJ(D) party'). The 2nd respondent herein is the President of SJ(D) party. The 2nd respondent filed O.P. Nos. 96 of 2013 to 100 of 2013 before the Kerala State Election Commission (hereinafter referred to as 'the Commission') under Sections 3 and 4 of the Act, read with Rule 4A of the Kerala Local Authorities (Disqualification of Defected Members) Rules, 2000 (hereinafter referred to as 'the Rules') to hold that the petitioners herein have ceased to be members of Chittoor Block Panchayat and they are liable to be disqualified for being members of the Block Panchayat. The further relief sought for in those applications is a declaration that the petitioners herein are disqualified to contest in any local body election for a period of 6 years. A copy of O.P.No. 96 of 2013 filed against the 1st petitioner is on record as Ext.P6. A copy of the objection filed by the 5th petitioner herein in O.P. No. 100 of 2013 is on record as Ext.P7.

(3.) The common case of the 2nd respondent herein in the petitions filed before the Commission is as follows; The petitioners herein are members of SJ(D) party and the 2nd respondent herein is its President, who is competent to recommend symbol for members of SJ(D) party. Accordingly he recommended symbol for the petitioners herein while contesting the election as candidates of SJ(D) party. The Indian National Congress (INC) and SJ(D) party were the constituents of the coalition by name United Democratic Front (UDF). Out of the 14 wards in Chittoor Block Panchayat, INC and SJ(D) won 5 seats each and thus the UDF coalition secured absolute majority. The petitioners herein submitted Form 11 declarations, declaring their political affiliation as members of SJ(D) party. While so, on 19.11.2011 the petitioners herein successfully moved a no confidence motion against the then President of Chittoor Block Panchayat, with the support of the members of the left Democratic Front (LDF) and thereafter the 1st petitioner herein is the President of Chittoor Block Panchayat. One K. Gopalaswamy, who is a member of INC filed O.P. Nos. 150 of 2011 to 154 of 2011 against the petitioners herein before the Commission. The said petitions were dismissed for the sole reason that, Gopalaswamy who filed those petitions is not competent to issue any direction or whip to the petitioners herein, since he is neither a member of SJ(D) party nor the person who recommended symbol for them while contesting the election. The 2nd respondent would also contend that, the petitioners herein supported the said no-confidence motion without his knowledge and consent. While so, on 4.9.2013, the 2nd respondent herein, who is the leader of the SJ(D) party and whip, issued a whip by registered post to the 1st petitioner herein calling upon him to resign from the post of President of Chittoor Block Panchayat, as authorised by the party based on the decision taken by its State Committee on 29.8.2013. He accepted the said notice and issued a reply dated 18.9.2013 raising false allegations. He has not complied with the directions given by the 2nd respondent herein. On 16.10.2013 the 2nd respondent herein issued another whip by registered post calling upon the petitioners herein to vote positively to support the no-confidence motion scheduled to be held on 24.10.2013 at Chittoor Block Panchayat Office, convened by the Secretary of the District Panchayat, Palakkad. But to utter dismay of the 2nd respondent, other leaders and workers of SJ(D) party, the petitioners herein voted against the no-confidence motion moved on 24.10.2013 and thereby violated the directions and whip issued by the 2nd respondent herein and that too without the consent of the party and without any intimation to the party leaders. The said conduct of the petitioners herein is a clear case of violation of the provisions contained in the Act and they are liable to be disqualified for being members of Chittoor Block Panchayat. Moreover, they have violated all the moral principles and cheated the voters of the constancy. Their acts and conducts are against the interests of the SJ(D) party, in which they contested and elected to the Block Panchayat, its workers and leadership. Their acts, omissions, conducts and statements amount to voluntarily giving up of the membership of SJ(D) party, by wilfully neglecting the interest of the party. By the aforesaid acts, they incurred disqualification under the provisions of the Act and they are not entitled to continue as members of Chittoor Block Panchayat, any further.