A.G.MATHEW Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) The captioned writ petitions filed by the respondents in the election petitions are materially connected, challenging the common order passed by the Kerala State Election Commission, Thiruvananthapuram in O.P.Nos.96 and 97 of 2015 dated 30.11.2016, holding that the writ petitioners have voluntarily given up their membership, in accordance with the stipulation under Sec.3(1)(a) of the Kerala Local Authorities (Prohibition of Defection) Act, 1999, and disqualified them from contesting election to any local authority for a period of six years, as provided under Sec.4(3) of the Act. Since the subject matter of the writ petitions are common in nature, I heard them together and propose to deliver this common judgment. Material facts for the disposal of the writ petitions discernible from the complaints filed before the Commission are as follows:

(2.) Petitioners and the party respondent were members of the Kadamakudi Grama Panchayat, Ernakulam District, representing different Wards. They were elected to the Panchayat in the General Elections held to the Local Authorities during November, 2015, as the official candidates of Indian National Congress. The District President of the Indian National Congress allotted the official symbol of the party to all contesting candidates of Indian National Congress. After the election, all returned candidates of Indian National Congress gave a sworn declaration to the Secretary of the Kadamakkudi Grama Panchayat, conveying their affiliation with political party as Indian National Congress. In the said declaration given by the petitioners to the Secretary, as per Rule 3(2) of the Kerala Local Authorities (Disqualification of Defected Members) Rules, 2000, they affirmed that they are the official candidates and members of Indian National Congress having affiliation with all the elected members of the said political party. On the basis of the same, the Secretary of the Grama Panchayat prepared a political affiliation register of the members, wherein also, the said aspects are stated. Therefore, as per the available records with the Secretary, it is evident that, petitioners were members of the said political party at the time of election and also while swearing in as Panchayat members.

(3.) There are 13 Wards in the Grama Panchayat and after election, representation of the parties in the board is as follows: Indian National Congress - 5 members, LDF comprising of CPI(M) and CPI, 2 and 3 members respectively, BJP-2 members, and one independent member. The Indian National Congress which won 5 seats decided to find out its chance to form board in the Panchayat, with the support of the one independent candidate, which was also offered by the independent candidate. The election to the post of President and Vice- President of the Panchayat was notified on 19.11.2015 by the Commission. Accordingly, arrangements were made in consultation with the Parliamentary Party, and the District Congress Committee nominated the party respondent in the writ petitions as the President candidate and one Mrs. Treasa Manual K. as the Vice- President candidate.