K P REGHUNATHAN Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) The captioned writ petitions are materially connected in respect of Ext.P3 common order passed by the 1st respondent, disqualifying the petitioners in the writ petitions representing various wards of Chelambra Grama Panchayat, on account of the defection committed by them against the whip given by the authorized persons belonging to the ruling front coalition. Facts required for the disposal of the writ petitions are common in nature, and since the matters are materially connected, I propose to deliver a common judgment.

(2.) The 2nd respondent in the writ petitions has filed the original petitions before the 1st respondent, seeking to declare that the petitioners committed defection, and hence they are disqualified to continue as members of the Chelambra Grama Panchayat, and for a further declaration that the petitioners are disqualified for a period of six years to contest in any election to the local bodies. The ground raised for seeking the above relief was that the petitioners have voluntarily abandoned their membership since they signed the no confidence motion and voted against the President and VicePresident of the Panchayat, and thus defeating them.

(3.) Apparently, it seems, the contention raised by the 2nd respondent was resisted by the petitioners, stating that, no legally issued whip was received by them, and the party has not duly authorized any person to issue whip and the decision was not read over to them in the Parliamentary Party meeting. So also, the original petitions are barred by limitation. According to the petitioners, 1st respondent has not considered the relevant facts or the relevant statutory provisions before arriving at the conclusion as arrived at in Ext.P So also, it is contended that, even though it is stated that the notice is served by affixing the same, no proof or evidence was also made to that effect, and overlooking the valid contentions raised by the petitioners, 1st respondent has passed an order declaring that the petitioners are disqualified to be members of the Panchayat and further prohibited them from participating in the election to the local authorities for a period of six years, as provided under Rule 4(3) of the Kerala Local Authorities (Disqualification of Defected Members) Rules, 2000.