P.N. Ravindran, J.

The common order passed by the Kerala State Election Commission in three different proceedings initiated against the petitioners herein under Section 4 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 is under challenge in these writ petitions. They were therefore heard together and are being disposed of by this common judgment.

2. The petitioners were elected to the Parassala Block Panchayat as official candidates of the Indian National Congress in the election held in September 2005. The petitioner in W.P.(C) No.318 of 2009 was elected from Division No.10, the petitioner in W.P.(C) No.337 of 2009 was elected from Division No.9 and the petitioner in W.P.(C) No.1396 of 2009 was elected from Division No.1 of the Parassala Block Panchayat. The Parassala Block Panchayat consists of 13 Divisions. The candidates set up by the Indian National Congress won in eight out of the thirteen divisions and the candidates set up by the Left Democratic Front in the remaining five. The official candidates of the Indian National Congress including the petitioners constituted the majority among the members representing the 13 divisions of the Parassala Block Panchayat.

3. After the elections were held in September 2005, the second respondent in W.P.(C) No.318 of 2009 and 337 of 2009 who is the third respondent in W.P.(C) No.1396 of 2009 was elected as the President of the Parassala Block Panchayat and Sri.Vattavila Vijayan was elected as the Vice President. The petitioners in these Writ Petitions were not on good terms with the President and Vice President and the other members of the Parassala Block Panchayat elected as official candidates of the Indian National Congress. The petitioners along with the five members belonging to the Left Democratic Front moved Ext.R2(a) and R2(b) No Confidence Motions against the President and Vice President respectively of the Parassala Block Panchayat. The petitioners are admittedly signatories to the said No Confidence Motions. The motions were tabled for consideration by the members of the Parassala Block Panchayat at its meeting held on 15.2008. The No Confidence Motions were carried and the President and Vice President were removed from office.

4. The unseated President of the Parassala Block Panchayat, thereupon instituted O.P.Nos. 83 of 2008, 84 of 2008 and 85 of 2008 in the Kerala State Election Commission, hereinafter referred to as the "Commission" for short, for a declaration that the petitioners herein have committed defection and have thereby become disqualified to continue as members of the Parassala Block Panchayat. She also sought a declaration that they are disqualified to contest in any election to the local bodies for a period of six years. The respondent in O.P.No.83 of 2008 is the petitioner in W.P.(C) No.337 of 2009, the respondent in O.P.No.84 of 2008 is the petitioner in W.P.(C) No.1396 of 2009 and the respondent in O.P.No.85 of 2008 is the petitioner in W.P.(C) No.318 of 2009. The unseated President, who moved the Commission contended that the petitioners in these Writ Petitions have violated the whip/direction issued by the Indian National Congress, when they voted in favour of the No Confidence Motions. She also contended that the petitioners have voluntarily given up their membership of the Indian National Congress. Paragraph-7 of O.P.No.83 of 2008 filed by the unseated President before the Kerala State Election Commission reads as follows:

"The respondent has voluntarily abandoned his Membership from Congress which fielded him as a candidate in the General election. She has voluntarily abandoned or given up her membership in Congress and joined in the other Party and moving with the support of LDF in the Panchayat against the will of Congress and thereby committed defection and voted against the President and Vice President supported by Congress causing loss of power in one Block Panchayat to Congress. LDF was in the rival front in th