SUSAN GEORGE Vs. NIRMALA MATHEWS

JUDGEMENT

(1.) The petitioner in W.P.(C)No.28287 of 2022 filed this writ appeal under Sec. 5(i) of the Kerala High Court Act, 1958, challenging the judgment dtd. 15/10/2025 passed by the learned Single Judge in that writ petition.

(2.) During the general elections held for the Local SelfGovernment Institutions in November 2015, the appellant and the 1st respondent were elected as members of Koiprum Block Panchayat representing Thelliyoor Division Ward No.3, and Poovathoor Division Ward No.11, respectively. The 1st respondent contested the election as the official candidate of the Indian National Congress, and the appellant as the official candidate of Kerala Congress(M). There were 13 wards (divisions) in Koiprum Block Panchayat. In the election, Left Democratic Front ("˜LDF' in short) won 6 seats and United Democratic Front ("˜UDF' in short) won 5 seats. One of the independent members agreed to give support to the UDF to form the Board. Thus, the LDF and UDF have got equal number of seats. The one and only member of the BJP did not participate in the election to the posts of President and Vice President, and the said election was done through a lot system. The 1st respondent was elected as the President, and the independent member was elected as the Vice President in the lot. While so, the LDF members moved a no-confidence motion against the President of the Block Panchayat, and it was tabled for discussion on 13/12/2018 at 10 a.m. The appellant participated in the meeting and cast her vote in support of the Motion, consequent on which the said Motion was passed.

(3.) Heard the learned counsel for the appellant and the learned Standing Counsel for the State Election Commission.