Ext.P4, an order passed by the 2nd respondent exercising its power under Sec.4 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 declaring that the petitioner herein shall cease to be a member of the Mogral Puthur Grama Panchayat from 29.2007 onwards and is disqualified from contesting as a candidate in the election to the local bodies for a period of six years from 29.2007 onwards, is under challenge in this writ petition.

2. The petitioner contested election as an Indian Union Muslim League candidate and was elected as a member of the Mogral Puthur Grama Panchayat. He was also elected as the President of the said Panchayat in September 2005. There were 14 members in he Panchayat and 7 of them belonged to the Muslim League, 5 belonged to the BJP, 1 to Congress and 1 to Indian National League.

3. It is statedthat by Ext.P3 dated 30.6.2006 produced before the State Election Commission in OP 44/2006, the Kasargode District Secretary of the Muslim League directed the petitioner to resign from the Presidentship of the Panchayat. He disobeyed that direction and continued as President. Subsequently, a No Confidence Motion was moved by his own party colleague