1. In both these writ petitions, the petitioners are challenging the common order passed by the State Election Commission in O.P.Nos.76/2009 and 77/2009, produced as Ext.P4, whereby the petitioners have been disqualified from the membership of Meenja Grama Panchayat in terms of the provisions of the Kerala Local Authorities (Prohibition of Defection) Act, 1999.

2. The first respondent in the writ petitions is the petitioner before the State Election Commission. The petitioners and the first respondent were elected in the elections conducted in September, 2005 from different wards of Meencha Grama Panchayat. They contested as candidates of a political party, viz. Indian Union Muslim League which is a constituent of the United Democratic Front (UDF). The Indian Union Muslim League had three members, Indian National Congress two and Kerala Congress (M) one and all these parties formed the constituents of U.D.F. The L.D.F. had four members and B.J.P. had also four members.

3. The first respondent was elected as President of Meenja Grama of 2010 2 Panchayat by the support of the elected members of U.D.F. The Vice President elected was Ms. Sobha from Indian National Congress. The dispute leading to the present proceedings arose when a no-confidence motion was moved against the first respondent which was discussed in the meeting of the Panchayat on 9.11.2009. Both the petitioners herein are signatories to the no-confidence motion along with the members of the B.J.P. and they have also voted in favour of the motion along with four members of the B.J.P. and two members belonging to CPI (M). The motion was thus adopted. Another motion was similarly moved against the Vice President which was also adopted.

4. The petitions seeking disqualification, were filed on two grounds, viz. violation of the whip issued by the first respondent and for voluntarily giving up the membership of the political party which elected them as members of the Panchayat.

5. After examining various contentions the State Election Commission allowed both the original petitions on the ground that the petitioners have voluntarily given up their membership in the Indian Union Muslim League in joining with the rival B.J.P. It was also noticed by the Commission therein that in the election to the post of President, the petitioner in W.P.(C) No.28051/2010 contested and won against the candidate of the Indian National Congress with the support of the petitioner in W.P.(C) No.28056/2010 and members of the B.J.P.

6. The petitioners, in their written statements contended mainly that there was no direction from the party not to vote against the no confidence motion and they have voted based on the discussion of the no confidence motion against the first respondent and they are still loyal workers of the Muslim League.

7. The oral evidence consists of the evidence of P.Ws.1 to 4 for the first respondent and Rws.1 to 4 for the petitioners. That the petitioners have been elected as members of the Indian Union Muslim League, is not disputed. From the declarations filed by all the 14 members of the Panchayat, this fact has been further evidenced. It shows that the petitioners herein and the first respondent are official members of the Muslim League in the U.D.F. which has got a total number of six members including two from Indian National Congress and one from Kerala Congress (M). The B.J.P. as well as the L.D.F. have four members and of the four members of the LDF, two members each belong to CPI (M) and CPI.

8. Ext.X2 is the attested copy of the minutes of the meeting of the Panchayat held on 9.11.2009 to discuss the no confidence motion moved against the President. It was passed with eight votes against four. Ext.X2 also contains the minutes of meeting of the Panchayat held at 2.30 p.m. on the same day to discuss the no confidence motion moved against the Vice President of the Panchayat. It was also passed with eight votes against four. Two members of the CPI did not ca