Kerala High Court
K.R. Jayakumar vs State Election Commission on 15 February, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 5474 OF 2024
AGAINST THE JUDGMENT OP 32/2020 OF KERALA STATE
ELE.REGULATORY COMMN. THIRUVANANTHAPURAM
PETITIONER:
K.R. JAYAKUMAR
AGED 57 YEARS
S/O RAMAN NAIR, KAPPIL HOUSE, KAIPPATTOOR P.O.,
ARAKKUNNAM, ERNAKULAM, PIN - 682313
BY ADVS.
THOMAS T.VARGHESE
PHILIP T.VARGHESE
ACHU SUBHA ABRAHAM
V.T.LITHA
K.R.MONISHA
RAJESH VIJAYENDRAN
SHEEN JOSE
RESPONDENTS:
1 STATE ELECTION COMMISSION
REPRESENTED BY ITS SECRETARY , JANAHITHAM, TC-
27/6(2) VIKAS BHAVAN P.O, THIRUVANANTHAPURAM, PIN
- 695033
2 JESSY PETER
W/O PETER J. ELAYIDAM, AGED 60 YEARS, ELAYIDATH
HOUSE, EDAKATTUVAYAL P.O., ARAKKUNNAM, ERNAKULAM,
PIN - 682313.
BY ADV DEEPU LAL MOHAN, STANDING COUNSEL FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.© No.5474 of 2024 2 :
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 5474 of 2024
------------------------------------------------------
Dated this the 15th day of February, 2024.
JUDGMENT
This writ petition is filed challenging Ext.P3 order
passed by the 1st respondent. Petitioner and the 2nd
respondent were members of the Edakattuvayal Grama
Panchayath elected in the General Elections during
September - 2015 for the period of 2015-2020 as
candidate of Indian National Congress, is the submission.
The 2nd respondent was elected as candidate of Kerala
Congress (Jacob). The general elections of the
Panchayath for 2020-2025 was announced on 12.11.2020
and the 2nd respondent submitted her nomination on
16.11.2020 to contest from Ward No. 4 of the
Panchayath as the official candidate of LDF coalition, is
the submission. Exhibit P1 petition was filed to declare
that the 2nd respondent had committed defection and
W.P.© No.5474 of 2024 3 :
acquired disqualification by voluntarily abandoning her
political party while continuing as a member of Kerala
congress (Jacob) as she filed nomination for LDF. The
above petition was dismissed by the 1 st respondent as per
Exhibit P3 order. Aggrieved by the same, this Writ
Petition is filed seeking the following reliefs:
i. to issue a writ of certiorari or any other appropriate
writ or direction calling for the records resulting in
Exhibit P3 Order dated 02.03.2023 passed by the 1st
respondent, scrutinise and set aside the same ;
ii. allow Exhibit P1 petition declaring that the 2 nd
respondent had committed defection and also declaring
her as disqualified to contest elections to the local body
for a period of six years;
ili. pass such other orders, interlocutory or otherwise,
which are deemed fit and proper in the interest of
justice;
iv. allow this Writ Petition (Civil) with costs.
W.P.© No.5474 of 2024 4 :
2. Heard the learned counsel for petitioner and
the learned Standing Counsel appearing for the 1 st
respondent.
3. It is an admitted fact that the petitioner was
elected as a members of the ward and his term as a
member is expired on 30.11.2020. Admittedly, the
petition for disqualification as evident from Ext.P1, was
filed on 14.12.2020. The Tribunal dismissed the petition
mainly for the reason that as per rule 4A of the Kerala
Local Authorities (Prohibition of Defected Members)
Rules, 2000, a political party or a members of the Local
Self Government Institutions alone can submit a petition
for declaring a member as disqualified on the ground of
defection. Admittedly, as on the date of filing of Ext.P1,
the petitioner is not a member. Therefore, as per Ext.P3,
the 1st respondent rejected Ext.P1. There is nothing to
interfere with the same. Moreover, Ext.P3 order rejecting
Ext.P1 petition filed was dismissed by the 1 st respondent
W.P.© No.5474 of 2024 5 :
on 2.3.2023. This writ petition challenging Ext.P3 order
is filed only on 9.2.2024. Absolutely, no reason is
mentioned for the delay in filing the writ petition.
Therefore, this writ petition need not be entertained by
this Court.
Upshot of the above discussion is that, the writ
petition need not be entertained. The writ petition is
dismissed accordingly.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
smv
W.P.© No.5474 of 2024 6 :
APPENDIX OF WP(C) 5474/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF O.P. NO. 32/2020 DATED
14.12.2020 FILED BY PETITIONER BEFORE
THE KERALA STATE ELECTION COMMISSION,
THIRUVANANTHAPURAM
Exhibit P2 TRUE COPY OF OBJECTION TO O.P. NO.
32/2020 DATED 12.03.2021 FILED BY
2NDRESPONDENT BEFORE THE KERALA STATE
ELECTION COMMISSION,
THIRUVANANTHAPURAM
Exhibit P3 TRUE COPY OF THE ORDER DATED
02.03.2023 IN O.P. NO. 32/2020 PASSED
BY KERALA STATE ELECTION COMMISSION,
THIRUVANANTHAPURAM
