IMPORTANT POINT
A constituent of a coalition cannot be itself considered as a coalition. The coalition itself in an association of a collective minds of different political entities. That collectiveness must reflect through the representative act of the collective body. Law, unfortunately, have not made a provision to reflect the views of the collective body prior to the election

JUDGMENT :

The writ petitioner, Shri K.Sivadasan won the election as a member to the Koduvally Municipality from Ward No.28, (Koduvally East Ward), East Hill, defeating two candidates. But his hard-won election is surmounted by a legal challenge under the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (hereinafter referred to as the 'Defection Act'). The conundrum faced by Sivadasan is more intricate and a difficult problem for this Court to resolve at the first instance. So Sivadasan came with a review. The review petition was allowed. The matter was heard at length and breadth again. Sivadasan won again from the defeat he suffered by the dismissal of the writ petition through the review.

2. The case of Sivadasan is a creation of the law. Difficulty to understand the law, arising from doubtful preposition added to the disadvantage of Sivadas, before the Election Commission. Paradoxically enough the Court failed to read the law in a perspective which is required, perhaps for the reason that everyone in the litigation failed to understand the ambiguity revolved around arrangement of “coalition” as referred in the Defection Act.

3. Sivadasan submitted the nomination to contest from Ward No.28 as an Indian National Congress (INC) candidate on 14/10/2015 at 1.38 p.m. On the same day, one Shri C.M.Gopalan of Congress party submitted another nomination at 3 p.m. to contest as a candidate nominated by Congress. The District Congress President, Shri Abu allotted party symbol 'Palm' to Gopalan. This turned Sivadasan to contest as an independent candidate. Sivadasan was allowed with a symbol 'Bus' to contest as an independent candidate. The contest was mainly between two coalitions, Left Democratic Front (LDF) and UDF. Congress was constituent of UDF. Indian Union Muslim League was another constituent of UDF. As revealed from the pleadings and evidence, UDF coalition of the Municipal Committee supported Sivadasan as an independent candidate. However, the District Congress Committee supported Gopalan as an official candidate. Sivadasan won. Immediately, as required under Rule 3 of the Kerala Local Authorities (Disqualification of Defected Members) Rules, 2000 a declaration was submitted by Sivadasan declaring that he is an independent member belonging to UDF.

4. One Shri E.C.Mohammed, a rival party member, elected to the Koduvally Municipality from LDF, sensing an opportunity to disqualify Sivadasan moved an election petition to declare that Sivadasan is liable to be disqualified. This was on an allegation that Sivadasan who was elected as an independent member has defected to the coalition and, therefore, he is liable to be declared disqualified under Section 3(1)(c) of the Defection Act.

5. Section 3(1)(c) of the Defection Act would be attracted for disqualification if an independent member not belonging to any coalition joins coalition after being elected as a local authority.

6. The conundrum faced by Sivadasan appears to be that, if he has not filed a declaration as an independent member supported by the coalition, he may face disqualification on the ground of defection from the persons who supported him under Section 3(1)(b). Section 3(1)(b) refers to the disqualification of an independent member belonged to any coalition. If such independent member withdraws from such coalition, he is liable to be disqualified on the ground of defection.

7. The Election Commission found that Sivadasan was an independent member as there was an official candidate of INC, a constituent of UDF and brushed aside the evidence produced by Sivadasan that he is having the support of Municipal Committee (UDF), allowed the petition for disqualification and declared that Sivadasan is disqualified from continuing as a member.

8. The legal conundrum related to the coalition, as noted above, could not be resolved by this Court at the first instance. This Court on an impression that there cannot be two candidates in fray from one coalition, dismissed the w