Compliance with statutory procedural requirements is essential to uphold the validity of directives impacting party membership and election outcomes.

JUDGMENT

Dated this the 13^th day of November, 2025 The writ petition is filed challenging Ext.P3 order of the State Election Commission dated 06.10.2019.

2. The short facts necessary for consideration are as follows: The petitioner was one among the members elected to the Committee of the Chittattukara Grama Panchayat in the elections held in November 2015. He was elected from Ward No.16 of the Panchayat. There are 18 wards in the Chittattukara Grama Panchayat, out of which the Indian National Congress (INC) and the Left Democratic Front (LDF) secured 8 seats each. One seat was won by an independent candidate supported by Indian National Congress, and the remaining one seat was won by an independent candidate who contested without the support of any political party.

3. After the election, the Parliamentary Party of the INC decided that the 2^nd respondent should be elected as President and will continue for initial 2½ years. Accordingly, the 2nd respondent assumed office and continued for 2½ years. Thereafter, as per the party decision, he resigned from the post on 18.04.2018, necessitating a fresh election to the post of President, which was scheduled on

16.05.2018.

4. It is stated that the Parliamentary Party decided to support the independent member, Shri.A.I. Nishad, in the election for the post of President, and the INC Parliamentary Party leader issued a whip to all elected INC members directing them to vote in favour of Shri.A.I.Nishad. It is further stated that the petitioner refused to receive the whip when it was tendered directly, and the whip was thereafter affixed on the outer door of his residence in the presence of witnesses.

5. Despite this, the petitioner, instead of supporting Shri.A.I.Nishad, contested the election himself as a candidate of the rival front, the LDF, against the official nominee of his own party. Under these circumstances, the 2nd respondent filed O.P.No.25/2018 before the State Election Commission seeking disqualification of the petitioner.

6. The Election Commission considered the matter in detail and framed six issues for determination. Among them, Issues 2 to 5 are relevant for the present case:

(2) Whether the respondent has disobeyed the direction of his political party as alleged?

(3) Whether the respondent has voluntarily given up his membership from Indian National Congress as alleged? (4) Whether the respondent has committed defection as provided under Section 3 (1)(a) of the Kerala Local Authorities (Prohibition of Defection) Act as alleged? (5) Whether the petitioner is entitled to the declaration as prayed for?

Before examining the powers exercised by the State Election Commission, it is necessary to extract the statutory provision relating to disqualification on the ground of defection. Section 3 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (hereinafter referred to as “the Defection Act”) provides as follows:

(1) Notwithstanding anything contained in the Kerala Panchayat Raj Act, 1994 (13 of 1994), or in the Kerala Municipality Act, 1994 (20 of 1994), or in any other law for the time being in force, subject to the other provisions of this Act,—

(a) if a member of a local authority belonging to any political party voluntarily gives up his membership of such political party, or if such member, contrary to any direction in writing issued by the political party to which he belongs, or by a person or authority authorised by it in this behalf in the manner prescribed, votes or abstains from voting—

xx xx xx xx xx (ii) in a meeting of a Panchayat, in an election of its President, Vice President, a member of a Standing Committee or the Chairman of a Standing Committee; or in a