G. Sivarajan, J.

The question that arises for consideration in this case is as to whether the State Election Commission while dealing with a petition under S.4 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (hereinafter referred to as 'the act) has got the power to restore the petition which is dismissed for default.

2. The first respondent in O.P. 48/97 which is a petition filed under S.4 of the Act before the State Election Commission is the petitioner. She is a member of Karulai Grama Panchayat, the second respondent herein. The first respondent herein, who is another member of the second respondent panchayat, has filed the said petition before the State Election Commission seeKing for disqualifying the petitioner herein from the membership of the second respondent Panchayat for the reason of defection. The election petition is dated 18.9.1997. The petitioner herein filed written statement on 23.1.1998. The State Election Commission examined witnesses on the side of the first respondent and the case was posted for evidence of the petitioner. On 2.1.1999 ie., the date of posting of the petition for evidence, the petitioner herein raised a prelimina