IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WA.No. 498 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.5254/2009 Dated 17/02/2009 .................... APPELLANT(S): PETITIONER: --------------------------------------------- S.K. JAYACHANDRAN, SHEEJA NIVAS, MAMPAZHAKKARA, PERUMPAZHUTHUR.P.O, NEYYATINKARA. BY ADV. MR.T.RAVIKUMAR, SMT.AMBILI.G. RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. KERALA STATE ELECTION COMMISSION, TRIVANDRUM. 2. THE LOCAL ADMINISTRATION, REGIONAL JOINT DIRECTOR, QUILON. 3. THE RETURNING OFFICER, M-01-NEYYATINKARA MUNICIPALITY AND ASSISTANT DIRECTOR OF SURVEY (RE-SURVEY), NEYYATINKARA. 4. MRS. VIJAYAKUMARI, COUNCILOR, WARD NO.6, KUTTAPPANA, NEYYATINKARA MUNICIPALITY, TRIVANDRUM. BY GOVERNMENT PLEADER SMT. K. MEERA BY ADV. MR.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy,Ag.C.J. & M.C.Hari Rani, J. ---------------------------------------- W.A. No. 498 of 2009 ---------------------------------------- Dated this the 2nd day of March, 2009 Judgment Koshy, Ag.C.J. According to the petitioner, fourth respondent is disqualified under the Kerala Local Authorities (Prohibition of Defection) Act (for short 'the Act') and, therefore, she cannot contest to the post of chairperson and she should be declared as not eligible to be the member of the council at all. The learned Judge noticed that as per section 4 (3) of the Act, petitioner has to approach the Election Commission and it is for the Election Commission to decide whether there is any disqualification under sub-section (2) of section 4 of the Act as decided in Thangal v. block Development Officer (2007 (3) KLT 561). It is also submitted that he has actually approached the Election Commission and a hearing is posted. In the above circumstances, we direct the Election Commission to decide the matter as expeditiously as possible according to law. No further direction is necessary. The appeal is disposed of accordingly. J.B.Koshy Acting Chief Justice M.C. Hari Rani Judge vaa