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Informative

Kerala High Court on Defection and Disqualification in Local Body Election.

Update / Judgement Date

23 Nov 2025

Source

WCP News Bulletin

Author

Sakshi Bhardwaj — WCP Legal Desk

Reading Time

2 min read

Civil LawOther Legal Matters
Kerala High Court on Defection and Disqualification in Local Body Election.
WCP News Bulletin

Headnote:

The Division Bench of the Kerala High Court dismissed the writ appeal filed by Susan George challenging the Kerala State Election Commission’s order declaring her disqualified under Sections 3 and 4 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999. The appellant, elected as a member of Kerala Congress (M) in the Koiprum Block Panchayat, voted in favor of a no-confidence motion against the President of the Panchayat, acting contrary to the interests of her political party and its coalition with the UDF. Despite being under suspension or expelled at the time, her conduct amounted to voluntarily giving up party membership, attracting disqualification.

Facts:

  1. In the 2015 local body elections, UDF and LDF each held six seats, with an independent member supporting UDF.
  2. Susan George (Kerala Congress (M)) voted in favor of a no-confidence motion initiated by LDF members on 13 December 2018, which led to the motion passing.
  3. The appellant contended she was expelled/suspended and no whip was validly served.
  4. Election Commission held she voluntarily gave up membership and disqualified her for six years from contesting elections.

Key Legal Principles:

  1. Disqualification under Section 3(1)(a) of the Defection Act occurs when a member voluntarily gives up membership of the political party or acts contrary to party directions.
  2. Suspension/expulsion does not absolve a member from the consequences of voluntarily supporting rival coalitions.
  3. Supreme Court (G. Viswanathan) and Kerala High Court precedents (Sandeep M.T., Varghese V.V., Chenthamara K., Shameena Ibrahimkutty) support disqualification even in absence of a specific whip, where actions show disloyalty.

Decision:

  1. The writ appeal is dismissed.
  2. The appellant remains disqualified from membership of Koiprum Block Panchayat and from contesting elections to local bodies for six years.

Citation: 2025:KER:89971

Case: Susan George v. Nirmala Mathews & Kerala State Election Commission

Court: High Court of Kerala at Ernakulam

Coram: The Honourable Mr. Justice Anil K. Narendran & The Honourable Mr. Justice Muralee Krishna S.

Date of Decision: 24 November 2025

Writ Appeal No.: W.A. 2625 of 2025