JESSIE RAJU Vs. COMMUNIST PARTY OF INDIA

JUDGEMENT

(1.) The writ petition is filed against the order of the Kerala State Election Commission [for brevity "Election Commission"], Exhibit P4, which held that the writ petitioner had defected as provided under Sec. 3(1)(b) of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 ["for brevity "Act of 1999"] and, hence, became subject to disqualification. It was further declared that she was disqualified to be a member of the Ramamangalam Grama Panchayat as provided by Sec. 3(1)(b) and also disqualified for contesting as candidate in an election to any local authority for a period of six years, as provided by Sec. 4(3) of the Act.

(2.) The brief facts to be noticed are that the petitioner contested the election to the Council of the Panchayat for the period 2010-15 as an independent candidate, supported by Communist Party of India [for brevity "CPI"] of the Left Democratic Front coalition. The petitioner won such election and was continuing in the Council and towards the expiry of the period of the Council, election notification was issued on 07.10.2015 with the last date notified for filing nomination being 14.10.2015. The petitioner filed a nomination on 14.10.2015, within the validity period of the Council of 2010-2015, as a candidate of Indian National Congress [for brevity "INC"] with United Democratic Front [UDF] coalition. Scrutiny was conducted on 15.10.2015 and the petitioner having not withdrawn the nomination on 17.10.2015, it was accepted. The period of the Council in which the petitioner was a member, expired on 31.10.2015 and the election for the next Council was held on 05.11.2015. The votes were counted, the results declared on 07.11.2015 and the petitioner was sworn in as a Member for the next term of 2015-2020 on 111.2015. The petitioner was then elected as President of the Panchayat on 19.11.2015. An Original Petition was filed before the Election Commission on 26.11.2015 with a delay of 29 days. The delay was condoned on 06.01.2016 and the petitioner disqualified by the impugned order passed on 24.05.2017.

(3.) The learned Senior Counsel relied on the statutory provisions to assail the order. The provisions do not commend the disqualification of the petitioner is the short argument, for reason of the term of the Council in which she is alleged to have committed an act of crossing the floor had expired and the Election Commission having been moved after the expiry of the term.