Kerala High Court
Jiji Saji vs The Kerala State Election ... on 11 April, 2023
W.P.(C).Nos.9144 and 9182 of 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 11TH DAY OF APRIL 2023 / 21ST CHAITHRA, 1945
WP(C) NO. 9144 OF 2023
PETITIONER:
JIJI SAJI,
AGED 46 YEARS
W/O SAJI P. GEORGE, PUTHENVILAYI, VELLAPPARA P.
O., PRAMADAM, PATHANAMTHITTA DISTRICT, PIN -
689691
BY ADVS.
K.SHAJ
ARUN CHAND
VINAYAK G MENON
BHARAT VIJAY P.
MINU VITTORRIA PAULSON
RESPONDENTS:
1 THE KERALA STATE ELECTION COMMISSION,
THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY,
OFFICE OF THE KERALA STATE ELECTION COMMISSION,
VIKAS BHAVAN, JANAHITHAM, NEAR LEGISLATIVE
ASSEMBLY, THIRUVANANTHAPURAM, PIN - 695033
2 PRAVEEN PLAVILAYIL,
S/O. VARATHARAJAN, PLAVILAYIL, MANGARAM, KONNI P.
O., PATHANAMTHITTA DISTRICT, PIN - 689691
BY ADV SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
COMMISSION, KERALA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.03.2023, ALONG WITH WP(C).9182/2023, THE
COURT ON 11.04.2023 DELIVERED THE FOLLOWING:
W.P.(C).Nos.9144 and 9182 of 2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 11TH DAY OF APRIL 2023 / 21ST CHAITHRA, 1945
WP(C) NO. 9182 OF 2023
PETITIONER:
JIJI SAJI
AGED 46 YEARS
W/O SAJI P. GEORGE, PUTHENVILAYI, VELLAPPARA P.
O., PRAMADAM, PATHANAMTHITTA DISTRICT -, PIN -
689691
BY ADVS.
K.SHAJ
C.IJLAL
BEENA N.KARTHA
RESHMA.P.
ARUN CHAND
JOSEPH MARY DAS
VINAYAK G MENON
BHARAT VIJAY P.
MAJID MUHAMMED K.
MINU VITTORRIA PAULSON
RESPONDENTS:
1 THE KERALA STATE ELECTION COMMISSION,
THIRUVANANTHAPURAM
REPRESENTED BY ITS SERETARY, OFFICE OF THE KERALA
STATE ELECTION COMMISSION, VIKAS BHAVAN,
JANAHITHAM, NEAR LEGISLATIVE ASSEMBLY,
THIRUVANANTHAPURAM -, PIN - 695033
W.P.(C).Nos.9144 and 9182 of 2023
3
2 PRAVEEN PLAVILAYIL
S/O VARATHARAJAN, PLAVILAYIL, MANGARAM, KONNI P.
O., PATHANAMTHITTA DISTRICT -, PIN - 689691
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.03.2023, ALONG WITH WP(C).9144/2023, THE
COURT ON 11.04.2023 DELIVERED THE FOLLOWING:
W.P.(C).Nos.9144 and 9182 of 2023
4
ANU SIVARAMAN, J.
= = = = = = = = = = = = = = = = = = =
W.P.(c).Nos.9144 and 9182 of 2023
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Dated this the 11th day of April, 2023
JUDGMENT
1. The subject matter of these writ petitions is the
disqualification of the petitioner under the provisions of the
Kerala Local Authorities (Prohibition of Defection) Act, 1999.
The petitioner, an elected member of the Konni Block
Panchayat and its Chairperson, challenges the orders passed
by the 1st respondent under the provisions of the Kerala Local
Authorities (Prohibition of Defection) Act , 1999 and the
Kerala Local Authorities (Disqualification of Defected
Members) Rules, 2000.
2. The 2nd respondent had approached the Election Commission
by filing O.P. No.20/2021 alleging that the petitioner, being a
member of the Indian National Congress, who had contested
the elections as a member of the political party which was a
W.P.(C).Nos.9144 and 9182 of 2023
constituent of the UDF coalition had violated a whip issued by
the INC(I) and voted in favour of the No confidence motion
moved by the LDF coalition against the President of the Block
Panchayat who was a member of the Indian National
Congress. The petitioner had raised a preliminay objection as
regards maintainability. It is submitted that, along with the
original petition, the 2nd respondent had filed a copy of the
political affiliation register which records the political party to
which the petitioner belonged. However, during evidence, a
tampered political affiliation register was produced with
entries which were absent in the copy produced along with the
original petition. It is submitted that an application was filed
by the petitioner for taking action against the 2 nd respondent
for tendering false evidence. A further application was also
moved for discovery and inspection of documents seeking to
produce the relevant minutes of the meeting of the political
party as also the mobile phone by which the photographs
produced were taken. The applications were considered and
rejected by the Election Commission whose orders are under
challenge in these writ petitions. The Election Commission
W.P.(C).Nos.9144 and 9182 of 2023
considered the contentions raised and held that the question
being considered by the Commission is with regard to
disqualification as provided under Section 3(1)(a) of the Kerala
Local Authorities (Prohibition of Defection) Act , 1999.
3. Relying on Rule 5 of the Kerala Local Authorities
(Disqualification of Defected Members) Rules, 2000, the
Commission held that Rule 5(3) specifically provides power in
the State Election Commission to examine the veracity of the
declaration filed by the member concerned under sub-rule 2 of
Rule 3 and to examine as to whether the member belongs to a
political party or to a coalition or is an independent member
not included in a political party or coalition. It was held that
since the said issue is one which is liable to be considered by
the Commission in exercise of its powers, the matter can be
considered by the Commission in the original petition and that
the I.A.s filed by the petitioner cannot be considered at the
intermediate stage in the proceedings.
W.P.(C).Nos.9144 and 9182 of 2023
4. The learned counsel for the petitioner submits that the
question with regard to the genuinity of the documents
produced, having been raised by the petitioner, is liable to be
considered and settled first before proceeding with the trial of
the original petition.
5. The learned counsel appearing for the Commission, on the
other hand, submits that the question with regard to the
genuinity of the document is also a question which can be
considered while trying the original petition and that it is only
thereafter that the question of taking action for fabrication of
evidence would arise. It is submitted that the attempt of the
petitioner is only to delay the proceedings which has to be
completed in a time bound manner.
6. I have considered the contentions advanced. In view of the
fact that the questions which are raised by the petitioner as
preliminary questions are evidently those that have to be
considered by the Commission while considering the original
petition, I am of the opinion that no prejudice of whatever
W.P.(C).Nos.9144 and 9182 of 2023
nature is caused to the petitioner by the orders impugned in
these writ petitions. I find no justification in the contention of
the petitioner that the adjudication has to be deferred.
Leaving liberty to the petitioner to raise all his contentions in
the original petition, these writ petitions are dismissed.
sd/-
Anu Sivaraman, Judge
sj
W.P.(C).Nos.9144 and 9182 of 2023
APPENDIX OF WP(C) 9182/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ELECTION PETITION
O.P NO. 20 OF 2021 FILED BY THE 2ND
RESPONDENT BEFORE THE STATE ELECTION
COMMISSION, THIRUVANANTHAPURAM
Exhibit P2 THE TRUE COPY OF THE STATEMENT OF
OBJECTION IN O.P NO. 20 OF 2021 FILED
BY THE PETITIONER BEFORE THE KERALA
STATE ELECTION COMMISSION,
THIRUVANANTHAPURAM
Exhibit P3 THE TRUE COPY OF THE I.A. NO.53/2021 IN
O.P NO. 20 OF 2021 BEFORE THE KERALA
STATE ELECTION COMMISSION,
THIRUVANANTHAPURAM
Exhibit P4 THE TRUE COPY OF THE ORDER DATED
19/04/2022 PASSED BY THE KERALA STATE
ELECTION COMMISSION, THIRUVANANTHAPURAM
Exhibit P5 THE TRUE COPY OF JUDGMENT DATED
10/06/2022 IN W.P.(C) NO. 17901/2022
PASSED BY THIS HON'BLE COURT
Exhibit P6 THE TRUE COPY OF DOCUMENT MARKED AS
DOCUMENT NO.2 PRODUCED ALONG WITH
EXHIBIT P1 OP ON 03/08/2021 AND MARKED
IN THE CHIEF EXAMINATION OF THE 2ND
RESPONDENT AS EXHIBIT A2 ON 03/06/2022,
WHICH IS THE CERTIFIED COPY OF THE
POLITICAL AFFILIATION REGISTER
MAINTAINED BY KONNI BLOCK PANCHAYAT
SECRETARY PURPORTEDLY OBTAINED BY THE
2ND RESPONDENT UNDER THE RTI ACT
W.P.(C).Nos.9144 and 9182 of 2023
Exhibit P7 THE TRUE COPY OF DOCUMENT PRODUCED BY
THE SECRETARY, KONNI BLOCK PANCHAYAT ON
23/08/2022 BEFORE THE 1ST RESPONDENT AS
PART OF THE EVIDENCE BEING RECORDED IN
EXHIBIT P1 OP AND MARKED AS EXHIBIT X2
Exhibit P8 THE TRUE COPY OF I.A.18/2023 IN O.P.
NO.20/2021 FILED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
Exhibit P9 THE TRUE COPY OF COUNTER AFFIDAVIT
FILED BY THE 2ND RESPONDENT IN
I.A.18/2023 IN O.P. NO.20/2021 BEFORE
THE 1ST RESPONDENT ELECTION COMMISSION
Exhibit10 THE TRUE COPY OF COMMON ORDER DATED
23/02/2023 IN I.A.NO. 18/2023 AND
I.A.19/2023 IN O.P. NO.20/2021 PASSED
BY THE 1ST RESPONDENT ELECTION
COMMISSION.
W.P.(C).Nos.9144 and 9182 of 2023
APPENDIX OF WP(C) 9144/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ELECTION PETITION
O.P NO. 20 OF 2021 FILED BY THE 2ND
RESPONDENT BEFORE THE STATE ELECTION
COMMISSION, THIRUVANANTHAPURAM
Exhibit P2 THE TRUE COPY OF THE STATEMENT OF
OBJECTION IN O.P NO. 20 OF 2021 FILED BY
THE PETITIONER BEFORE THE KERALA STATE
ELECTION COMMISSION, THIRUVANANTHAPURAM
Exhibit P3 THE TRUE COPY OF THE I.A. NO.53/2021 IN
O.P NO. 20 OF 2021 BEFORE THE KERALA
STATE ELECTION COMMISSION,
THIRUVANANTHAPURAM
Exhibit P4 THE TRUE COPY OF THE ORDER DATED
19/04/2022 PASSED BY THE KERALA STATE
ELECTION COMMISSION, THIRUVANANTHAPURAM
Exhibit P5 THE TRUE COPY OF JUDGMENT DATED
10/06/2022 IN W.P.(C) NO. 17901/2022
PASSED BY THIS HON'BLE COURT
Exhibit P6 THE TRUE COPY OF THE DOCUMENT MARKED AS
DOCUMENT NO.2 PRODUCED ALONG WITH
EXHIBIT P1 OP ON 03/08/2021 AND MARKED
IN THE CHIEF EXAMINATION OF THE 2ND
RESPONDENT AS EXHIBIT A2 ON 03/06/2022,
WHICH IS THE CERTIFIED COPY OF THE
POLITICAL AFFILIATION REGISTER
MAINTAINED BY KONNI BLOCK PANCHAYAT
SECRETARY PURPORTEDLY OBTAINED BY THE
2ND RESPONDENT UNDER THE RTI ACT
W.P.(C).Nos.9144 and 9182 of 2023
Exhibit P7 THE TRUE COPY OF THE DOCUMENT PRODUCED
BY THE SECRETARY, KONNI BLOCK PANCHAYAT
ON 23/08/2022 BEFORE THE 1ST RESPONDENT
AS PART OF THE EVIDENCE BEING RECORDED
IN EXHIBIT P1 OP AND MARKED AS EXHIBIT
X2
Exhibit P8 THE TRUE COPY OF I.A.19/2023 IN O.P.
NO.20/2021 FILED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
Exhibit P9 THE TRUE COPY OF COUNTER AFFIDAVIT FILED
BY THE 2ND RESPONDENT IN I.A.19/2023 IN
O.P. NO.20/2021 BEFORE THE 1ST
RESPONDENT ELECTION COMMISSION
Exhibit P10 THE TRUE COPY OF THE COMMON ORDER DATED
23/02/2023 IN I.A.NO. 18/2023 AND
I.A.19/2023 IN O.P. NO.20/2021 PASSED BY
THE 1ST RESPONDENT ELECTION COMMISSION
TRUE COPY
PS TO JUDGE
