IMPORTANT POINT
A distinction has to be drawn as to the conduct which may attract only disciplinary action within the political party and the conduct which attract disqualification under the Prohibition Act. If a conduct has no relation or bearing with the membership in a local authority, that may only attract disciplinary action within the party

JUDGMENT :

A. MUHAMED MUSTAQUE, J.

1. This writ petition was filed challenging an order of the State Election Commission declaring the petitioner disqualified for being Councilor of Thiruvalla Municipality and also declaring that the petitioner is disqualified from contesting election to any local authorities for a period of six years.

2. The petitioner, Shri Varghese K.V. and Shri R.Jayakumar, the second respondent are elected Councilors of Thiruvalla Municipality based on the election held in November 2015. They were elected as the candidates of Indian National Congress (INC). The parties are hereafter referred to by their names. INC was part of the political coalition by name United Democratic Front (UDF).

3. UDF Coalition obtained majority seats in the Council. An understanding was arrived in the coalition to share chairmanship. For the first 30 months, the nominee of INC would get chairmanship and the remaining 30 months to the nominee of the Kerala Congress (M), a constituent of UDF would get chairmanship. Further understanding appears to have been made within INC to share chairmanship between Shri Varghese and Shri Jayakumar for a period of 15 months each. Shri Varghese became the Chairman for the initial period. As per the understanding, he has to resign from Chairmanship on 18.2.2017. Thereafter, DCC intervened and directives were issued to Shri Varghese to step down.

4. It is submitted that the President of District Congress Committee (DCC) issued a notice to Shri Varghese on 20.2.2017. Shri Varghese refused to resign. The Committee of Councilors was convened on 20.3.2017, and Shri Varghese agreed in that meeting to resign on 31.3.2017, that also did not happen. On 1.4.2017, the District Committee President, Shri Babu George, authorised Shri Jayakumar to move a no-confidence motion against Shri Varghese. Accordingly, no-confidence motion was moved and a meeting was convened on 18.4.2017. Shri Varghese attended the no-confidence motion and supported the motion against him. However, the no-confidence motion failed as some of the councilors of INC failed to attend the meeting and also for the reason that the opposition party abstained from the meeting.

5. This resulted in the District President of INC issuing a direction to Shri Varghese on 5.5.2017 to resign from the post of the Chairman of the Municipality within ten days. The notice was received by Shri Varghese on 8.5.2017. Shri Varghese refused to resign. On 17.7.2017, Shri Jayakumar filed the petition for a declaration to disqualify Shri Varghese before the Election Commission.

6. The Election Commission allowed the petition and granted the relief as noted above. The Election Commission granted relief referring to the ground of defection under the first limb of Section 3(1)(a) of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (hereinafter referred to as the “Prohibition Act”) that is related to the defection of a member of a political party voluntarily giving up his membership of such political party.

7. This Court has to consider the matter only confined to the ground referable to the first limb of Section 3(1)(a) as referred above. The Court has to consider whether the finding of the Election Commission is based on any materials or not. If there are materials, the Court cannot upset any such finding of facts invoking the power of judicial review.

8. The Election Commission mainly relied on the following materials:

Ext.A1 agreement to share the Chairmanship between Shri Varghese and Shri Jayakumar; Ext.A2 notice issued by DCC President directing Shri Varghese to resign from the Chairmanship and to support Shri Jayakumar for the election as the next Chairman; Ext.A5 decision of the Parliamentary Committee wherein Shri Varghese undertook to resign by 31.3.2017; Ext.A6 decision of DCC President authorising Shri Jayakumar to move a no-confidence motion and Ext.A9 letter dated 5.5.2017 issued by the DCC President directing Varghese to resign from the post of