SHANAVAS M. Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) Heard Sri.K.Rama Kumar, the learned Senior counsel appearing for the appellant/writ petitioner. Also heard Sri.Murali Purushothaman, the learned Standing counsel for the Kerala State Election Commission.

(2.) This Appeal is preferred against the order dated 05.08.2019 whereby interim relief was denied to the writ petitioner, during the pendency of the case before the learned Single Judge.

(3.) In the election held on November, 2015, the appellant was elected as a member of the Mangalapuram Grama Panchayat in Thiruvananthapuram district. The 2nd respondent made an allegation to the effect that the appellant had defied the party whip and voted against the independent candidate, sponsored by the Congress Party. Therefore action under the Kerala Local Authorities (Prohibition of Defection) Act, 1999 be initiated and it be declared that the appellant has ceased to be a member of the Grama Panchayat and for six years, he is disqualified to contest election to the local bodies.