IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED MUSTAQUE &

THE HONOURABLE MR. JUSTICE S.MANU FRIDAY, THE 16^TH DAY OF AUGUST 2024 / 25TH SRAVANA, 1946 WA NO. 1047 OF 2024 AGAINST THE JUDGMENT DATED 18/7/2024 IN WP(C) NO.28705 OF 2023 OF HIGH COURT OF KERALA APPELLANT/S:

RAJI CHANDRAN, AGED 38 YEARS, W/O. SAJEEV P.K., MEMBER, DIVISION NO.2 IDUKKI BLOCK PANCHAYAT, IDUKKI DISTRICT, HAVING RESIDENCE AT PARACKAL HOUSE, THATTEKKANNI P.O., IDUKKI DISTRICT, PIN - 685607 BY ADVS.

JOICE GEORGE LIJI.J.VADAKEDOM RESPONDENT/S:

1 ANCY THOMAS, AGED 49 YEARS W/O.THOMAS MATHEW, MEMBER, DIVISION NO.13, IDUKKI BLOCK PANCHAYAT, IDUKKI DISTRICT, RESIDING AT THAYYI HOUSE, MANIPPARA P.O., KARIMPAN, IDUKKI,, PIN - 689602 2 THE STATE ELECTION COMMISSION, VIKAS BHAVAN , THIRUVANANTHAPURAM, PIN - 695033 BY ADVS.

Sachin Ramesh DEEPU LAL MOHAN T.S.ATHIRA(K/000604/2017)

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

A.Muhamed Mustaque, Acg.C.J.

Smt.Raji Chandran, the appellant herein contested election from Idukki Block Panchayat and won the election as an Indian National Congress candidate. Indian National Congress and Kerala Congress (M) P.J.Joseph group formed a coalition before the election. Raji Chandran was elected as Block Panchayat President on 30/12/2020 as put up by the coalition. As per the understanding in the coalition, the President should vacate the position after one year. Accordingly, Raji Chandran resigned after one year. On 07/02/2022, a meeting was convened for electing the new President of the Block Panchayat. Raji Chandran stood as President candidate supported by LDF, an opposite coalition and she won the election. Smt.Ancy Thomas was the rival candidate supported by UDF. She was defeated by Raji Chandran in the election.

2. Ancy Thomas approached the State Election Commission to disqualify Raji Chandran. The Election Commission dismissed the original petition filed by Ancy Thomas. The Election Commission dismissed the petition for the reason that there were no materials to prove that Ancy Thomas was the candidate set up by UDF and Raji Chandran was aware of the decision taken by the Congress party nominating her to contest the election to the post of the President.

3. In a challenge made by Ancy Thomas before this Court, the learned Single Judge found that, the moment by conduct a member becomes disloyal to his own party means, to voluntarily give up membership of his own party. Accordingly, disqualified Raji Chandran and allowed the writ petition.

4. The learned counsel for the appellant Shri Liji J. Vadakedom argued in extenso. According to him, no whip was communicated to Raji Chandran. And no evidence was produced to show that Raji Chandran was aware of the nomination of Ancy Thomas as a candidate to contest to the post of President based on the support of UDF.

5. The learned counsel Liji J. Vadakedom further submitted that any direction given by coalition cannot be construed as a direction issued by the party to hold that such a conduct would amount to giving up membership of a political party which is part of the coalition. The learned counsel further points out that no office bearer of the Congress party was examined to prove this fact.

6. There is no dispute to the fact that Raji Chandran was elected to the local body as a candidate belonging to the Congress party. There is also no dispute to the fact that the Congress party was one of the constituents of the coalition UDF.

7. There cannot be any quarrel to the fact that Ancy Thomas belonged to the Congress party. Raji Chandran never disputed this fact. Raji Chandran had no case that she had contested election to the post of President as a candidate set up by UDF. On the other hand, she won the election with the support of LDF, a rival coalition. It may be true that the Congress party as such had not issued any whip nor there was any evidence to prove that