JAISON KARAKKAT Vs. K.C. CHAKO AND ORS.

JUDGEMENT

(1.) THESE appeals have been filed by the petitioners in writ petitions which came to be dismissed by the learned Single Judge by common order dated 10/11/2014. Separate writ petitions were filed challenging common order dated 04/06/2014 in O.P. Nos. 21 to 32 of 2013 of the Kerala State Election Commission, Thiruvananthapuram (hereinafter referred to as 'the Commission').

(2.) THE original petitions aforesaid were filed before the Commission seeking to disqualify the petitioners from continuing as members of Ayyankunnu Grama Panchayath. The Commission, after evaluation of the materials on record, allowed the original petitions and declared the petitioners as disqualified to continue as members of the Grama Panchayath under Section 3(1)(a) of the Kerala Local Authorities (Prohibition of Defection) Act (hereinafter referred to as 'the Act'). They were also declared as disqualified for contesting as candidates in any local authority for a period of six years.

(3.) THE Commission, having come to a finding that no valid whip had been issued to disqualify the members for non -compliance of whip, found that the directions issued by the political party was not complied, which resulted in the members voluntarily giving up their membership from the political party and therefore disqualified.