J. Chelameswar, J.

Aggrieved by the judgment in W.P.(C).No.3130 of 2010 dated 19th Mach, 2010 the unsuccessful petitioner therein has preferred the present appeal. The Rayamangalam Grama Panchayat consists of 19 wards and therefore, under the provision of the Kerala Panchayat Raj Act, 19 members are required to be elected to the Grama Panchayat. The appellant contested the election to the office of the ‘Ward Member’ of Rayamangalam Grama Panchayat as an independent candidate. The election took place on 24.9.2005.

2. The appellant, though contested the election as an independent, she was admittedly supported by a political party, C.P.I.(M). The said C.P.I.(M) in turn had a political arrangement with C.P.I., what is known in the political parlance as a coalition. In the said election the coalition of L.D.F. got 10 seats out of the 19 seats, the opposing coalition known as U.D.F. got 8 seats and the appellant won the 19th seat. The said 19 members of the Panchayat in turn elected the President and Vice President of the Grama Panchayat. In view of the majority acquired by the L.D.F., the candidates belonging to the L.D.F. got elected to the above mentioned offices.

3. However, one of the elected members of the Grama Panchayat belonging to the L.D.F. coalition resigned his membership on 7.1.2008. In the resultant bye-election a candidate belonging to the U.D.F. coalition won the said election. As a result both the L.D.F. as well as the U.D.F. coalitions came to have 9 seats each in Rayamangalam Grama Panchayat.

4. On 21st February, 2008 the coalition of U.D.F. moved a no confidence motion, both against the President and Vice President by issuing an appropriate notice. Admittedly the appellant herein also signed the said notice. It is not necessary to give the details of the prescription of law under the Kerala Panchayat Raj Act. Suffice it to say that the Act provides for the movement of such no confidence motion after following the appropriate procedure. The admitted fact is that on 10th March, 2008 the no confidence motion was carried by ten votes against the President and Vice President of the Grama Panchayat.

5. Thereafter the appellant herein contested the election to the office of the President of the above mentioned Panchayat and came to be elected as the President of the said Panchayat on 3.4.2008. In the interregnum between the date on which the no confidence motion was carried and the date of the election of the appellant herein as the President of the Panchayat, the second respondent herein filed a petition (Ext.P6) before the first respondent (the State Election Commission constituted under Art.243-K of the Constitution of India). The said petition came to be filed on 18th March, 2008. In the said petition a declaration was sought that the appellant herein has become subject to disqualification under S.3 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 and therefore, ceased to be a member of the Rayamangalam Grama Panchayat and is further disqualified to contest any election to any local authority within the State of Kerala for a period of six years from the date of the decision by the first respondent. By the order dated 27.1.2010 the first respondent allowed the above mentioned petition of the second respondent herein granting the declaration as sought for. It may also be mentioned here that as a matter of fact two separate petitions came to be filed by the second respondent herein seeking the disqualification of the appellant herein in view of the fact that the appellant herein signed the notice of no confidence motion, both against the President as well as the Vice President of the Rayamangalam Grama Panchayat. The order dated 27th January, 2010 of the first respondent purports to be a common order passed in both the above mentioned petitions filed by the second respondent.

6. Aggrieved by the decision of the first respondent dated 27.1.2010 the appellant moved this Court by a Writ Peti