A member of a local authority is disqualified for defecting from their political party, as per Section 3 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999.

JUDGMENT :

(AMIT RAWAL, J.)

1. Two writ appeals have been preferred against the judgment dated 05.11.2024 arising out of two writ petitions bearing Nos.31465 of 2024 and 31470 of 2024 challenging the order of State Election Commission. Two petitions have been preferred for disqualifying the appellant – writ petitioner, of having voluntarily abandoned the membership and joined the other party after having been elected as a member of Panchayat on the party ticket, one by the District President of the political party Kerala Congress (M) (P.J.Joseph Group) and the other by another member of the council. Both the petitions were contested by the appellant - petitioner and after contest, the State Election Commission accepted the petitions by removing the appellant - petitioner from the post of member of Panchayat and further barring her to contest the election for a period of six(6) years. Writ petitions against the said order have been dismissed and in that background, the writ appeals have been preferred.

2. Succinctly the facts in brief for adjudication of the lis are as under:

In December, 2020, appellant contested the election as a member of Kudayathoor Panchayat under the 'Chenda' symbol allotted to the Kerala Congress (M) P.J.Joseph Group, which is a constituent of the United Democratic Front (UDF). Later she was elected as the president of the Panchayat. On 31.01.2022, she left the UDF and joined the rival coalition - Left Democratic Front (LDF). The aforementioned act gave a cause of action to the District President of political party to issue written instructions to the appellant - petitioner to resign from the post of the President of Panchayat. Similarly, one Anjaleena belonging to Indian National Congress and an elected member of Panchayat also filed O.P.No.3 of 2022 before the Kerala State Commission for declaration of disqualification of the appellant on account of having abandoned the membership and defected.

3. Despite having been communicated with the aforementioned information, appellant-petitioner did not step down, resulted into issuance of notice of no-confidence motion in March 2022. However, on account of non- fulfillment of majority, no-confidence motion failed. In other words, out of thirteen(13) members only seven(7) members attended the meeting. Two(2) among them abstained. Having left with no other choice, on 20.04.2022, the District President, Prof.M.J.Jacob preferred O.P.No.7 of 2022 before the Kerala State Election Commission for disqualification of appellant - petitioner on account of having defied the whip as changing the party amounting to voluntary abandonment of membership in the political party. The grounds in the order of State Election Commission, raised before this court and Single Bench are common, therefore are not reproduced to avoid repetition and summarized hereinbelow:

I. Kerala Congress (M) P.J. Joseph Group is not a registered political party and therefore, the provisions of Kerala Local Authorities (Prohibition of Defection) Act, 1999 was not applicable. Kerala Congress (M) is a recognised State Party with symbol of 'Two Leaves', whereas the dispute with regard to the two parties which emanated from the Kerala Congress (M) Group was under dispute and by judgment of this Court, both the parties were given separate symbol for contesting the election and in the absence of political party, which defected the Kerala Congress (M) Group by becoming a Kerala Congress (M) P.J.Joseph Group in the absence of registration, could not, without recording the satisfaction of the political party, as the president issued directions to step down or pass no-confidence motion.

II. There is no evidence to establish the decision of political party and therefore the direction of the president was on account of his own lapse by any sufficient reasons. Kerala State Election Commission abdicated in not recording any finding regarding the provisions of section 3 of the Anti- defection Act, 1999.

III. There are material