Shaffique, J.

The Writ Appeal is filed by the petitioners in W.P.C.No.7933/2015 challenging an interim order dated 12/03/2015 of the learned Single Judge declining to suspend the operation of Ext.P15 order dated 10/03/2015 by which the petitioners were declared as disqualified for being Councilors of Varkala Municipality and from contesting as candidates in any election to local authorities for a period of six years. When the appeal came up for hearing before this Court, it was contended by the learned senior counsel for petitioners that some observations were made by the learned Single Judge touching the merits of the case as well. Hence on consent of parties, the writ petition as well as the Writ Appeal are heard and decided together.

2. The writ petition is filed challenging Ext.P15 order passed by the Kerala State Election Commission (hereinafter referred to as 'the Commission') deciding O.P.Nos.31,32,33,35 and 36 of 2014 by a common order dated 10/03/2015. The common petitioner in the original petition before the Election Commission is the 2nd respondent herein. The petitioners were respondents in the separate original petitions filed by the 2nd respondent herein.

3. The parties are referred to as described in the writ petition. The facts as described in the original petitions disclose as under:

4. Petitioners and 2nd respondent were elected candidates of Varkala Municipality in the general election held in 2010. They were candidates of Indian National Congress (for short 'INC'). Out of 33 seats, INC secured 17 seats and Kerala Congress (M) (for short 'KCM'), another constituent of United Democratic Front (for short 'UDF'), secured one seat. After the elections, Sri. Surya Prakash, the 1st petitioner was elected as the Chairman. It is contended that the understanding was that he will have to resign after one year and another person will be elected as Chairman. The 1st petitioner did not resign and therefore at the instance of District Congress Committee (for short 'DCC'), a noconfidence motion was moved and he was removed from the position of Chairman. Since petitioners 1, 4 and 5 did not attend the said meeting, they were suspended from the Congress Party. However, subsequently, the DCC decided to restore their status as members of INC. A decision was taken by the DCC to elect a new chairman and one Sri.A.A.Rouf was the candidate. Election was scheduled on 22/04/2014. Whip was sent by registered post and by way of affixture to the petitioners. However, the 1st petitioner contested against the official candidate by disobeying the whip issued by the DCC President and with the help of LDF councilors, he became the Chairman. This according to the 2nd respondent amounts to disloyalty and therefore the 1st petitioner committed deliberate defection. The petitioners contended that since they were already expelled from the political party, they are not bound to comply with any whip issued by the political party. It is also contended that Sri.A.A.Rouf was not the official candidate of DCC and no meeting was held for that purpose. No whip was issued as alleged and no such whip had been communicated to the petitioners. It is after the election that certain postal articles were received by the petitioners and most of the said documents did not contain the signature of the DCC president. It is stated that the 1st petitioner was not a rebel candidate. They denied the fact that a whip had been issued, that they had voluntarily abandoned their membership from the party and have violated any of the directions of the party.

5. The following points had arisen for consideration before the Election Commission:

“(i) Whether the petitions are not maintainable?

(ii) Whether Sri.A.A.Rouf was decided as the candidate for the post of Chairman by the Congress party in the election held on 22/04/2014?

(iii) Whether the DCC President had issued direction to the respondents to vote in favour of Sri.A.A.Rouf in the election to the post of Chairman held