USHA VIJAYAN Vs. KERALA STATE ELECTION COMMISSION,

JUDGEMENT

(1.) Two writ appeals have been preferred against the judgment dtd. 5/11/2024 arising out of two writ petitions bearing Nos.31465 of 2024 and 31470 of 2024 challenging the order of State Election Commission. Two petitions have been preferred for disqualifying the appellant - writ petitioner, of having voluntarily abandoned the membership and joined the other party after having been elected as a member of Panchayat on the party ticket, one by the District President of the political party Kerala Congress (M) (P.J.Joseph Group) and the other by another member of the council. Both the petitions were contested by the appellant - petitioner and after contest, the State Election Commission accepted the petitions by removing the appellant - petitioner from the post of member of Panchayat and further barring her to contest the election for a period of six(6) years. Writ petitions against the said order have been dismissed and in that background, the writ appeals have been preferred.

(2.) Succinctly the facts in brief for adjudication of the lis are as under:

(3.) Despite having been communicated with the aforementioned information, appellant-petitioner did not step down, resulted into issuance of notice of no-confidence motion in March 2022. However, on account of non- fulfillment of majority, no-confidence motion failed. In other words, out of thirteen(13) members only seven(7) members attended the meeting. Two(2) among them abstained. Having left with no other choice, on 20/4/2022, the District President, Prof.M.J.Jacob preferred O.P.No.7 of 2022 before the Kerala State Election Commission for disqualification of appellant - petitioner on account of having defied the whip as changing the party amounting to voluntary abandonment of membership in the political party. The grounds in the order of State Election Commission, raised before this court and Single Bench are common, therefore are not reproduced to avoid repetition and summarized hereinbelow: