R. VINAYAKUMAR Vs. A.A. RAOUF AND ORS.

JUDGEMENT

(1.) These writ petitions are all filed challenging separate orders passed by the Kerala State Election Commission dismissing petitions for condonation of the delay in filing petitions for disqualification of the respective respondents in each of these cases. The delay in filing these cases is 41 days. The State Election Commission has held that the delay has not been satisfactorily explained. The common petitioner in these writ petitions is a Councillor of the Varkala Municipality representing Ward No. 22. He filed separate petitions against each of the respondents in these writ petitions alleging that, they had become subject to disqualification for the reason that, they had voluntarily given up their memberships in their political party. In the Varkala Municipality, the United Democratic Front (UDF) had secured majority and one Sri Surya Prakash was elected as the Municipal Chairman on 08.11.2010. The respondents who are members of the Congress Party had moved a No Confidence Motion against the Chairman who was also a member of their own party. The No Confidence Motion was moved alleging that though the DCC President had directed Sri Surya Prakash to resign from the post of Chairman, he had refused to do so. However, it is stated that, no such direction has been issued by the party. The No Confidence Motion was carried with the support of the Left Democratic Front (LDF for short) councilors. In the subsequent election that followed, Sri Surya Prakash was again elected as the Municipal Chairman.

(2.) The case of the petitioner in these writ petitions is that, he had come to know that a No Confidence Motion had been moved against the decision of the Congress Party, only on 17.05.2014, on which date he was informed by Sri Surya Prakash of the said fact. Since there was no decision of the Congress Party to move the No Confidence Motion against Sri Surya Prakash, the respondents in these writ petitions had, according to the petitioner, committed defection by voluntarily abandoning their respective memberships in the party. It was to declare that, they were disqualified from continuing as councilors of the Varkala Municipality that, eleven petitions were moved before the second respondent-Election Commission. However, since the petitions were not filed within the time stipulated by Rule 4A of the Kerala Local Authorities (Disqualification of Defected Members) Rules, 2000, separate petitions were filed for condonation of the delay. The said petitions were considered by the second respondent and dismissed, declining to condone the delay. The separate orders by which, delay condonation petitions have been dismissed are under challenge in these writ petitions.

(3.) According to Shri M.R. Rajesh, who appears for the petitioner in all these writ petitions, the petitioner is not a member of the Congress Party. The No Confidence Motion was moved and was carried on 26.03.2014. Thereafter, an election to the post of Chairman of the Municipality was conducted. Sri Surya Prakash contested and was again elected, with the support of the opposition. The petitioner is one of the persons who supported him. Alleging that six councillors who had supported him had incurred disqualification, six original petitions O.P. Nos. 31 of 2014 to 36 of 2014 have been filed and are pending.