IN THE HIGH COURT OF KERALA AT ERNAKULAM
ASHOK BHUSHAN & A.M. SHAFFIQUE, JJ.
LIZY VALSALAN – Appellant
Vs.
SUJA SALIM & ORS. – Respondents
W.A. Nos.452, 453, 454, 455, 456 & 457 of 2015
Decided On : 06-07-2015
Kerala Local Authorities (Prohibition of Defection) Act, 1999 - Section 3 - Political Parties - No confidence motion - Denial of - Findings of - Held, Political party taking a decision not to support no confidence motion and issuing whip - She has further admitted that the direction of DCC President was to defeat the no confidence motion - To suggestive question that she was aware of Congress Party decision not to support no confidence motion, she has answered in affirmative meaning thereby that she knew that her party was against no confidence motion
A. M. Shaffique, J.
These appeals are filed challenging the common judgment dated 13/02/2015 in a batch of writ petitions. Since the issues involved are the same, the appeals are heard and decided together.
2. The common appellant, who was one among the respondents in the writ petitions, filed original petitions before the Kerala State Election Commission (hereinafter referred to as 'the Commission') seeking to disqualify certain members of Keerampara Grama Panchayath inter alia contending that they have voted in a meeting violating the whip issued by the respective political parties and by their action in not complying with the directions of their respective political parties, they have voluntarily abandoned their membership from their political party.
3. O.P.Nos.37 to 42 were filed by the appellant before the Commission which were disposed of by a common order dated 26/06/2013, whereby the Commission, after evaluating the evidence, allowed the petitions and the respondents in the said original petitions were declared as disqualified from being members of the Panchayath as provided under Section 3 of the Kerala Local Authorities (Prohibition of Defection) Act (hereinafter referred to as 'the Act') and that they were also disqualified from contesting as candidates in an election to any local authority for a period of six years from the said date as provided under Section 4 (3) of the Act.
4. The aggrieved parties preferred separate writ petitions before this Court. The learned Single Judge, by common judgment dated 13/02/2015, allowed the writ petitions and set aside the judgment of the Commission. These appeals are filed challenging the said common judgment. The writ petitioners are commonly referred as the respondents.
5. The short facts involved in these writ appeals disclose as under:
The appellant herein belongs to the political party Indian National Congress (INC). INC contested the election held in October 2010 for Keerampara Grama Panchayath under the coalition of United Democratic Front (UDF). The other constituents of UDF were Kerala Congress (M) [KCM] and Kerala Congress (J) [KCJ]. After elections, INC won 6 seats, KCM 2, KCM (Independent) 1 and KCJ 1. The total number of seats in the Panchayath were 13 and UDF secured 10. Out of the remaining 3, two seats were won by independents and one by Left Democratic Front (LDF).
6. After the election, the appellant was elected as the President of the Panchayath as per the decision of INC and other UDF partners. On 21.4.2012, a no confidence motion was moved against the appellant by certain members of UDF. The no-confidence motion was tabled for discussion on 08/05/2012. Appellant contended that the District Congress Committee (DCC) involved in the matter and Sri. V.J. Poulose, the District President of INC, issued a direction to all the elected members of INC to abstain from the discussion, as the no confidence motion will be defeated for want of quorum. Similar decision was taken by other political parties of the coalition as well. The decision of the political parties were widely published in newspaper and the decision was made known to all the members of the political party by sending the respective whip, by registered post with acknowledgment due, courier and by affixture. The whip was communicated to the Secretary of the Panchayath in writing, as per Rules. However, the writ petitioners voted in favour of the no-confidence motion on 08/05/2012 and ousted the appellant from the post of President. This, according to the appellant, amounted to the members voluntarily giving up membership from their political party and defying the whip issued by the political party. It is also alleged that, the no confidence motion was moved without permission from their political party and that the members acted in violation of the instruction of their political party which warrants disqualification.
7. The respondents contended that the decision of the political party not to attend the
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