Disqualification for defection applies for six years from the Election Commission's decision, irrespective of subsequent elections.

JUDGMENT

S.MANU, J.

In O.P.No.76/2018 filed by the 1st respondent, the State Election Commission found that the appellant who was elected to Karimannoor Grama Panchayat as a candidate of Indian National Congress, contested and got elected as the President of the Panchayat in the election held on 25.6.2018 with the support of rival parties. The Commission concluded that the appellant by contesting against the official candidate of the party and defeating the said candidate, voluntarily gave up membership of the party. Therefore, Commission held that the act of the appellant attracts the first limb of Section 3 (1)(a) of the Kerala Local Authorities (Prohibition of Defection) Act. The order of the Commission was passed on 17.01.2023. 2. The disqualification under Section 34 (1)(kk) of the Panchayat Raj Act is for a period of six years from the date of disqualification. Before the order was passed by the Election Commission, the appellant was again elected as a member of the Panchayat in the election held in 2020. In the writ petition, the appellant raised a contention that there was no whip issued in writing. Further contention was that the alleged whip was not directly or by post served on the appellant. The appellant disputed the contention of the 1st respondent that whip was served by affixing. The second limb of challenge was regarding applicability of disqualification to the current tenure of the appellant. In short, the argument was that at the time of getting elected again in 2020, the appellant was not facing any disqualification. Hence, it was contended that the order of the Election Commission passed in 2023 shall not operate to cause any disqualification so far as the present tenure of the petitioner is concerned. The learned Single Judge, after considering both contentions, rejected the writ petition. Aggrieved by the judgment of the learned Single Judge this appeal is filed.

3. We heard Sri.T.A.Unnikrishnan, learned counsel appearing for the appellant, Sri.K.C.Vincent, the learned counsel for the 1st respondent and Sri.Deepu Lal Mohan, learned Standing Counsel for the State Election Commission.

4. Sri.T.A.Unnikrishnan referred to various provisions of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 and made specific reference to the provisions of Sections 3 and 4. The learned counsel referred to Section 3 (1)(c) and submitted that the disqualification applies for being a member of 'that local authority'. The learned counsel argued that the expression makes the disqualification applicable only in the case of the committee during the tenure of which the act allegedly leading to disqualification had occurred. He raised a contention that when a person is elected again in a subsequent election he enjoys a fresh mandate. The purpose of disqualifying a person is to ensure integrity. It is the requirement of law to ensure that a person who got elected under the banner of a particular political party shall be disqualified, if he breaches the whip issued by the party or commits any other similar act. On the other hand, when a person gets elected for a fresh term as a candidate of a different party, he enjoys a fresh mandate of the electorate. If such a person ceases to be a member on account of a disqualification arising from an act committed during the term of the previous committee, not only the member but the electorate also is put to suffering. Therefore, he contended that if the disqualification was not in operation at the time of getting elected again, then the member shall not be disqualified to hold office for the fresh tenure. He also submitted that under Rule 5(1) of the Kerala Local Authorities (Disqualification of Defected Members) Rules, 2000 a time limit of 120 days is fixed for disposal of petitions regarding disqualification and the purpose is to have quietus of the issue during the tenure of the same committee. If the said time limit is not adhered to and decision in the petition is taken aft