IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI &

THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE

6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945 WA NO. 45 OF 2024 AGAINST THE JUDGMENT IN WP(C) 3935/2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

VASANTHAKUMARI AGED 55 YEARS, MEMBER, WARD NO.4, MANKARA GRAMA PANCHAYAT, W/O LATE ASOKAN, MANGURUSSI P.O, KUNNUMMEL, MANKARA, PALAKKAD DISTRICT, PIN 678 613 –

BY ADVS.

THOMAS ABRAHAM ASWIN.P.JOHN MERCIAMMA MATHEW PAUL BABY R.ANANTHAPADMANABAN RESPONDENTS/RESPONDENTS:

1 THE KERALA STATE ELECTION COMMISSION VIKAS BHAVAN, JANAHITHAM, NEAR LEGISLATIVE ASSEMBLY, THIRUVANANTHAPURAM, PIN 695 033.

–

2 M.V.RAMESH MEMBER WARD NO.1, MANKARA GRAMA PANCHAYAT, S/O VELAYUDHAN, MOOKKATTUKUNNU HOUSE, KALLOOR P.O, MANKARA, PALAKKAD DISTRICT, PIN 678 613 –

BY ADVS.

DEEPU LAL MOHAN SAIJO HASSAN BENOJ C AUGUSTIN(K/189/2004.)

RAFEEK. V.K.(K/134/2003)

M.NOOHUKUNJU SAHIB(K/541/2009)

DEVI.R.SENS(K/000671/2016)

SARITHA K.(K/001422/2021)

ABRAHAM J. KANIYAMPADY(K/3280/2023)

SANGEETH MOHAN(K/3399/2023)

PHILLIP VARGHESE THOMAS(K/003032/2023)

V.P.REJITHA(K/899/2001)

ASWIN K.R.(K/101/2021)

AMBADI DINESH L.K.(K/002835/2022)

NEEMA NEERACKAL(K/002823/2022)

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON

06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 6th day of February 2024 A.J. Desai, C.J.

The challenge in this appeal filed under section 5 of the Kerala High Court Act, 1958, is the judgment dated 18.12.2023 in W.P.(C)No.3935 of 2023 by which the learned single Judge, while dismissing the petition filed by the appellant/writ petitioner, confirmed an order dated 17.01.2023 passed by the Kerala State Election Commission in O.P.No.10 of 2021 by which the appellant was declared disqualified under the provisions of the Kerala Local Authorities (Prohibition of Defection) Act, 1999. 2. Short facts that arise from the record are as under:

The appellant filed his candidature in Form No.2A of rule

6(2a) of the Kerala Panchayat Raj (Conduct of Election) Rules, 1995 as an independent candidate in the election to Ward No.4 of Mankara Grama Panchayat conducted in the year 2020. The appellant won the election and as provided under sub-rule (2) of Rule 3 of the Kerala Local Authorities (Disqualification of Defected Members) Rules, 2000, the appellant was supposed to fill up Form No.2 i.e., declaration showing the details about her candidature. The appellant filled up the said Form No.2, declaring herself as an independent candidate, who had contested the election with the support of CPI(M) party. Thereafter, with the support of the LDF coalition, which included CPI(M), she contested the election and became the Vice President of the Panchayat.

3. The conduct of the appellant lead to the filing of O.P.

No.10 of 2021 by the 2^nd respondent, seeking a declaration that the appellant stood disqualified by virtue of Sections 3 and 4 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (for short ‘Act 1999’). The Election Commission, after considering all the materials and perusing the deposition of several witnesses, declared the appellant to be disqualified to continue as Member and Vice President of the Grama Panchayat. The said decision was challenged by the appellant by filing W.P.(C) No.3935 of 2023 and the said writ petition came to be dismissed by the impugned judgment. Hence, this appeal.

4. Learned counsel appearing for the appellant would submit that the Election Commission as well as the learned single Judge has committed an error in appreciating the facts of the case. He would submit that after filing the nomination form as an independent person, she had declared in the public notice that she is contesting the election as an independent candidate with the support of CPI(M) and had canvassed votes under that notice and therefore, in the declaration form filed by the appellant, the appellant declared that she had contested and won the election with the suppor