The interim order granting stay on disqualification under the Kerala Local Authorities (Prohibition of Defection) Act impacts democratic processes and is subject to appellate review.

JUDGMENT :

Anil K. Narendran, J.

1. These writ appeals filed under Section 5(i) of the Kerala High Court Act, 1958 arise out of the interim order dated 13.11.2025 of the learned Single Judge in W.P.(C)Nos.33894 of 2025 and 33995 of 2025. The appellant is the 3^rd respondent in those writ petitions. W.A.No.2738 of 2025 arises out of the order dated 13.11.2025 in W.P.(C)No.33894 of 2025, whereas W.A.No.2740 of 2025 arises out of the order dated 13.11.2025 in W.P.(C)No.33995 of 2025.

2. In the writ petitions filed by the 1^st respondent- petitioner, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India , a writ of certiorari is sought for against the common order dated 05.08.2025 of the Kerala State Election Commission in O.P.Nos.59 and 60 of 2025. The order in O.P.No.59 of 2025 is under challenge in W.P.(C)No.33894 of 2025 and the order in O.P.No.60 of 2025 is under challenge in W.P.(C)No.33995 of 2025.

3. The 1^st respondent in W.A.No.2738 of 2025, who is the petitioner in W.P.(C)No.33894 of 2025, is an elected representative of Ward No.33 of Changanassery Municipality, who is disqualified by Ext.P3 order dated 05.08.2025 of the State Election Commission in O.P.No.59 of 2023. Similarly, the 1^st respondent in W.A.No.2740 of 2025, who is the petitioner in W.P.(C)No.33995 of 2025, is an elected representative of Ward No.17 of Changanassery Municipality, who is disqualified by the order dated 05.08.2025 in O.P.No.60 of 2023.

4. O.P.No.59 of 2023 was filed by the appellant in W.A.No.2738 of 2025, who is a Councillor in Ward No.7 of Changanassery Municipality, invoking the provisions under Sections 3 and 4(1) of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (for brevity ‘the Defection Act’), seeking a declaration that the respondent therein has become subject to disqualification under both limbs and the provisions of the Defection Act, who committed defection and is disqualified to continue as a Councillor of Changanassery Municipality. A declaration was also sought that the respondent therein is disqualified to contest in any election to the local bodies for a period of 6 years. A copy of O.P.No.59 of 2025 is marked as Ext.P1 in W.P.(C)No.33894 of 2025. In the original petition, the respondent therein filed an objection, which is marked as Ext.P2. O.P.No.60 of 2023 was filed by the appellant in W.A.No.2740 of 2025, seeking similar declarations in respect of the respondent therein. A copy of O.P.No.60 of 2025 is marked as Ext.P1 in W.P.(C)No.33995 of 2025. In the original petition, the respondent therein filed an objection, which is marked as Ext.P2.

5. Before the State Election Commission, on the side of the petitioner in O.P.Nos.59 of 2025 and 60 of 2025, PWs 1 to 7 were examined and Exts.A1 to A23 were marked. On the side of the respondent, RWs 1 to 5 were examined and Ext.B1 was marked. Exts.X1 to X5 were marked through the Secretary of the Municipality. After considering the pleadings and evidence on record, the State Election Commission by Ext.P3 order dated 05.08.2025 allowed O.P.Nos.59 and 60 of 2023, and the respondent therein is declared as disqualified for being a Councillor of Changanassery Municipality, as provided under Section 3 (1)(a) of the Defection Act. The respondent therein is further declared as disqualified from contesting as a candidate in an election to any local authorities for a period of 6 years from the date of that order, as provided under Section 4 (3) of the said Act. Challenging the order dated 05.08.2025 of the State Election Commission, which is marked as Ext.P3 in the respective writ petitions, the 1^st respondent in these writ appeal