Anil K. Narendran J.

1. This writ appeal arises out of the judgment dated 18/7/2013 of the learned Single Judge of this Court in W.P.(C)No.26153/2012. The appellant before us is the 2nd respondent in that Writ Petition filed by respondents 1 to 3 herein seeking an order to set aside Exhibit P10 order dated 31/10/2012 of the Kerala State Election Commission, the 4th respondent herein, in O.P.Nos.26/2001 and connected cases.

2. Brief facts of the case which are necessary to dispose of this writ appeal are summarised as follows:-The appellant and respondents 1 to 3 are the elected members of Manimala Grama Panchayat in Kottayam District, who are all members of the political party Indian National Congress (INC), which is part of the coalition United Democratic front (UDF). In the General Elections-2010 to the Local Self Government Institutions in Kerala held in October, 2010, UDF won 10 seats in Manimala Grama Panchayat, out of which 5 seats were won by INC candidates, 4 seats by Kerala Congress (M) and 1 seat by Indian Union Muslim League (IUML). In the remaining 5 seats Left Democratic Front (LDF) won 3 seats, Bahujan Samaj Party (BSP) won 1 seat and an independent candidate secured 1 seat. In that election, the appellant was elected from Ward No.9 of Manimala Grama Panchayat and respondents 1 to 3 were elected from Ward Nos. 6, 1 and 3, respectively, of that Grama Panchayat. The appellant as well as respondents 1 to 3 contested the election with the election symbol allotted to INC. In the meeting of the Congress Parliamentary Party convened on 6/11/2010 the appellant was elected as the Chief Whip. On 8/11/2010, with the support of all the elected members of INC as well as other elected members forming part of the coalition UDF, the appellant was elected to the post of the President of Manimala Grama Panchayat. Subsequently, respondents 1 to 3 with the support of other elected members of the coalition moved a no-confidence motion against the appellant. The no-confidence motion was tabled for discussion on 28/7/2011. Respondents 1 to 3 voted in favour of the no-confidence motion and ousted the appellant from the post of the President.

3. The appellant herein filed O.P.Nos.26/2011, 27/2011 and 28/2011 seeking a declaration that respondents 1 to 3 herein have become subject to disqualification on the ground of defection as provided by Section 3 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (hereinafter referred to as 'the Act'). The 1st respondent herein, the 1st petitioner in the writ petition, filed 0.P.Nos.31/2011 and 32/2011 seeking a declaration that the appellant herein and one Smt. Valsala, who is the elected member of Ward No.10, have become subject to disqualification on the ground of defection under Section 3 of the Act. The 5th respondent herein, the additional 3rd respondent in the writ petition, filed 0.P.Nos.34/2011, 35/2011 and 36/2011 seeking a declaration that respondents 1 to 3 herein have become subject to disqualification on the ground of defection under Section 3 of the Act.

4. O.P.Nos.26/2011, 27/2011 and 28/2011 filed by the appellant before the Kerala State Election Commission, seeking a declaration that respondents 1 to 3 herein have become subject to disqualification on the ground of defection, are marked as Exhibits P3 to P5 in W.P.(C) No.26153/2012. The said Original Petitions are based on same set of facts, alleging that respondents 1 to 3 herein with the support of Kerala Congress decided to move a no-confidence motion against the appellant to oust him from the post of the President of Manimala Grama Panchayat. It was done without the permission of the Parliamentary Party or the Political Party, INC. The DCC was against the proposal to move no-confidence motion. The appellant in his capacity as the duly elected Whip of the Congress Parliamentary Party and as authorised by the Political Party issued a whip on 21/7/2011 to all Congress members to vote against the motion