MOHANDAS K P Vs. STATE ELECTION COMMISSIONER

JUDGEMENT

(1.) THE petitioner stands disqualified on ground of defection in terms of the provisions of the Kerala Local Authorities (Prohibition of Defection) Act, 1999, for short, 'the PD Act'. The order of the State Election Commission, declaring him as so disqualified, is under challenge.

(2.) EXTS. P-1 and P-2 before the Commission stood to show that the petitioner was, even going by his own statements, part of a coalition-the UDF, which included the Indian National Congress and the Kerala State Muslim League. The petitioner admits in paragraph 1 of the Writ Petition that, he contested the election with the support of the UDF. Therefore, he is deemed to be a member of the coalition-UDF-by virtue of the Explanation to Section 2 (ii) of the PD Act.

(3.) THE proceedings before the Commission was initiated by the 3rd respondent. He was the President of the Panchayat. A no confidence motion was carried against him. It was contended in the petition before the Commission that the said no confidence motion was carried with the support of the writ petitioner, who voted in favour of that motion and had, thus, withdrawn from the coalition. The petition before the Commission was filed on 22-12-2008 alleging that it is apprehended further that the writ petitioner is likely to vote in favour of the rival coalition-LDF, in the election to the resultant casual vacancy of the President. That election stood scheduled to 30-12-2008.