Once a member attracts disqualification under the Kerala Local Authorities (Prohibition of Defection) Act, 1999, they are disqualified from continuing as a member, irrespective of subsequent elections or committees.

JUDGMENT :

1. The petitioner has approached this Court challenging Ext.P1 order of the Kerala State Election Commission in O.P. No. 76 of 2018.

2. The petitioner was an elected member from Ward No. XI of Karimannoor Grama Panchayat in the election to the local self-government institutions in November 2015. The Panchayat committee consists of 14 members. In the elections held in November 2015, eight members, including the petitioner, were elected representing the United Democratic Front (UDF), and six members were elected representing the Left Democratic Front (LDF). In the month of June, 2018, an election was held to elect the President of the Grama Panchayat. The petitioner was elected as the President of the Grama Panchayath as a candidate of the Left Democratic Front (LDF). He had also exercised his franchise in his own favour, as a result of which, the candidates of the UDF and the LDF got seven votes each. Since the votes obtained by candidates of both fronts were seven each, the President was thereafter declared elected by draw of lots and the petitioner came to be the elected President of the Panchayat.

3. The 1st respondent approached the Kerala State Election Commission by filing O.P. No. 76 of 2018 under the provisions of Section 4 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (hereinafter referred to as the 1999 Act'). The Kerala State Election Commission, by Ext.P1 order dated 17-01-2023, allowed the petition filed by the 1st respondent, finding that the petitioner had attracted the disqualification under the first and second limbs of Section 3(1)(a) of the 1999 Act. Since the order of the Kerala State Election Commission in O.P. No. 76 of 2018 was only on 17-01-2023, the petitioner contested in the subsequent election to the local bodies held in the month of December 2020 and was again elected as a member of the Panchayat. On Ext.P1 order being issued by the Kerala State Election Commission, the petitioner was not permitted to continue as a member, prompting the petitioner to approach this Court by filing the above writ petition.

4. Sri. T.A. Unnikrishnan, the learned counsel appearing for the petitioner, would vehemently contend that Ext.P1 order of the Kerala State Election Commission is not sustainable in law. It is submitted that there was no evidence before the Commission to hold that the petitioner had attracted the disqualification under the first and second limbs of Section 3(1)(a) of the 1999 Act. It is submitted that the provisions of Section 3(1)(a) of the 1999 Act are attracted only if a member of a local authority belonging to any political party voluntarily gives up his membership of that 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, votes or abstains from voting in a particular manner. It is submitted that these conditions are not satisfied in the facts and circumstances of this case. It is contended that the petitioner had not voluntarily given up his membership of the Indian National Congress (part of the UDF) at the relevant time. It is submitted that no proper whip or instruction was issued by the Indian National Congress regarding the election to the position of President of the Grama Panchayat. It is submitted that in such circumstances, the finding of the Election Commission that the petitioner had attracted the disqualification in Section 3(1)(a) of the 1999 Act is not sustainable in law. It is further contended that even if Ext.P1 order of the Kerala State Election Commission has to be upheld, the subsequent election of the petitioner as a member of the Panchayat in the election held in the month of December 2020 and his continuance as a member on the basis of such election is not affected by Ext.P1 order, as Ext.P1 order was issued only in January 2023. It is submitted that in such circumstances, at the time when the petitioner was elec