SAREENA K.M.P. Vs. NISAR L.

JUDGEMENT

(1.) The petitioner in the writ petition is the respondent in O.P.No.41 of 2017 on the files of the Kerala State Election Commission, Thiruvananthapuram and the petitioner in I.A.No.101 of 2017 in the above O.P. The original petition referred above was filed by the 1st respondent in the writ petition under Section 4 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 for a declaration that the petitioner herein had committed a defection, and therefore, she became disqualified to be a member of the Kolachery Grama Panchayat and also to contest the election to any local body for a period of six years. In the writ petition, the petitioner is aggrieved by Ext.P4 order of the State Election Commissioner, which dismissed Ext.P2 application preferred by the petitioner and left open the question of maintainability to be decided after taking evidence in the case. It is this preliminary order of the Election Commission that is impugned by the petitioner.

(2.) The main ground of challenge in the writ petition is to be found in Ground E, which reads as follows:

(3.) I have heard the learned counsel appearing for the petitioner and also the learned Standing counsel appearing for the Election Commission.