The plea stated that the disqualification under Section 3 1(a) of the Kerala Local Authorities (Prevention of Defection) Act should not have been proceeded with and upheld by the Kerala High Court since no official whip was issued or served by the party to her.
The Congress had maintained that the petitioner, by virtue of her actions, had voluntarily given up membership of the party.
The Kerala High Court, through orders passed by a single-judge and later, a division bench, upheld the disqualification and six-year ban prompting the petitioner to move the top court.
She contended that the High Court had not considered the validity of the alleged whip issued by the Congress.
Counsel for the petitioner submitted that the 6-year ban period is highly disproportionate as punishment.
Moreover, only if the petitioner had stood in opposition to a Congress candidate could she have been disqualified from party membership, it was argued.
Therefore, an ex-parte ad-interim stay was sought on all the orders by the poll body and High Court in the matter so far.
Source: Barandbench
