An independent candidate's declaration of party support can lead to disqualification under defection laws, based on conduct and declarations made post-election.

JUDGMENT

SHAJI P. CHALY, J.

The captioned appeal is filed by the petitioner in W.P.(C) No. 25560 of 2022, challenging the judgment of the learned single Judge dated 02.09.2022, whereby the writ petition was dismissed confirming Exhibit P7 order dated 02.08.2022 passed by the Kerala State Election Commission, Thiruvananthapuram, against the appellant, in O.P. No. 5 of 2021, a petition filed by one Mamachan Joseph, an elected member of Ward No.3 of Keerampara Grama Panchayat; as per which the appellant is disqualified as a member of Ward No 6 of the Panchayat.

2. Brief material facts for the disposal of the appeal are as follows:

The appellant is a candidate elected from Ward No. 6 of Keerampara Grama Panchayat, Ernakulam District, in the elections held to the Local Self Government Institutions in December 2020 as an independent candidate defeating the candidates belonging to the Left Democratic Front and the United Democratic Front. In the nomination paper submitted by the appellant, a specific declaration is made to the effect that she does not belong to any political party or in any coalition and also declared that she is an independent candidate contesting without any help from any of the political parties or coalition. Certified copy of the said nomination paper is produced as Exhibit P3 in the writ petition.

3. The appellant has also published an election notice dated 23.11.2020 requesting the electors to vote in her favour as an independent candidate and that she does not belong to any political party or any coalition, which is also produced along with the writ petition. The convener election committee of the appellant has printed and published colour posters, which were displayed in and around her ward as part of her election campaign and which is also produced along with the writ petition.

4. Therefore, the sum and substance of the contention advanced by the second respondent Sri. Mamachan Joseph before the State Election Commission is that the appellant contested and won the election from Ward No. 6 of the Keerampara Grama Panchayat as an independent candidate with the election symbol ‘table fan’; however the sworn declaration dated 21.12.2020 in accordance with Rule 3(2) (c) of the Kerala Local Authorities (Disqualification of Defected Members) Rules, 2000 (‘Rules, 2000’ for short), was given, affirming that she is the official candidate of CPI (M) (LDF); instead of making a declaration as provided under Section 3 (1)(c) of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 , (‘Act 1999’, for short), that she won the election as a candidate without any support of any political party or coalition. The certified copy of the self declaration form is also produced along with the writ petition.

5. It is further contended in the said petition that the Secretary of Keerampara Grama Panchayat prepared a register showing the affiliation of the members as required under Rule 3 (1) of the Rules 2000, wherein also, the appellant is registered as a member of CPI(M) (LDF), which is also produced along with the writ petition. It is made clear that the documents referred to above are all produced before the State Election Commission and marked in the said proceedings. Therefore, the sum and substance of the petition filed before the State Election Commission is that the action on the part of the appellant, who contested and won the election as an independent candidate, and thereafter joining a political party or coalition, shall acquire disqualification as per Section 3 (1)(c) of the Act, 1999.

6. After considering the objections filed by the appellant and the evidence tendered by the parties, the State Election Commission has found that, it is clearly proved that the appellant has contested the election as an independent candidate in Ward No. 6 of Keerampara Grama Panchayat, wherein both the UDF and the LDF had their own candidates to contest in the election; that the appellant had admitted that she contested and elected as a