JUDGMENT :

SHAJI P. CHALY, J.

The petitioner in W.P.(C) No. 8242 of 2022 has preferred this appeal challenging the judgment of the learned single Judge dated 21.03.2022, whereby the writ petition was dismissed upholding the order passed by the Kerala State Election Commission in O.P No. 31 of 2019 filed by the second respondent i.e. P.T. Eldo, a member of the Rajakumari Grama Panchayat, seeking to disqualify the appellant, as per the provisions of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (Act, 1999' for short).

2. Brief material facts for the disposal of the appeal are as follows:

In the General Election held to the Local Self Government Institutions during November, 2015, the appellant was elected to Ward No. 10 of Rajakumari Grama Panchayat. Since the elected President of the Grama Panchayat resigned, an election to the post of President was scheduled to be held on 17.09.2019. According to the appellant, the appellant contested election as the Candidate of Indian National Congress and she was declared elected defeating the candidate belonging to the Kerala Congress (M).

3. The respondent was elected from Ward No.9 of Rajakumari Grama Panchayat in the election held during 2nd November, 2015 and he belongs to the Indian National Congress. He filed a complaint before the Kerala State Election Commission—first respondent, as O.P. No. 31 of 2019 under Section 4 of the Act, 1999 alleging that the action of the appellant in contesting the election to the post of President of the Rajakumari Grama Panchayat was in violation of the whip issued by the President of the Idukki District Congress Committee and thus, voluntarily abandoned the membership in the party.

4. After taking evidence and hearing the parties, the Kerala State Election Commission allowed the Original Petition and declared that the appellant had voluntarily given up her membership of the political party i.e., the Indian National Congress through which the appellant was elected as a member of the Grama Panchayat. The relevant findings of the Kerala State Election Commission would be required to dispose of the appeal and they read thus:

'15. The facts of the case would disclose that Rajakumari Grama Panchayat consisted of 13 wards, of which INC won 5 seats, Kerala Congress (M) won 2 seats and CPM won 6 seats. The INC and Kerala Congress (M) constituted the UDF coalition and CPI (M) constituted the LDF coalition. The petitioner and the respondent were contested and elected as nominees of INC. On 17.09.2019, a meeting was scheduled for the election of President for the Panchayat and in the said meeting, the respondent with the support of LDF members contested against the UDF nominee and elected as the President. The respondent, on the other hand, disputed that no whip was served on her to cast a vote in favour of the UDF nominee and she was not aware of the whip.

16. Apparently, this is a case in which the basic issue is whether the respondent has defected by voluntarily giving up her membership of a political party and whether the act of her standing as a candidate of the rival front amounts to such a defection as provided under Section 3(1) (a) of the Kerala Local Authorities (Prohibition of Defection) Act. Section 3(1) (a) reads as follows:

“3. Disqualification on ground of defection.-(1) Notwithstanding anything contained in the Kerala Panchayat RaJ Act, 1994, or in the Kerala Municipality Act, 1994 (20 of 1994) or in any other law for the time being in force, subject to the other provisions of this Act,-

(a) if a member of a local authority belonging to any political party voluntarily gives up his membership of such political party, or if such member, contrary to any direction in writing issued by the political party to which he belongs or by a person or authority authorised by it in this behalf in the manner prescribed, votes or abstains from voting

(i) in a meeting of a Municipality, in an election of its Chairperson, Deputy Chairperson, a member of a