Ashok Bhushan, J.

1. The short question involved in this writ appeal is as to whether after defection of an elected member of Municipality, the disqualification for a period of six years shall commence from the date of the order passed by the State Election Commission or the said period shall commence from the date of expiry of tenure of the local body. The short facts of the case are:

The petitioners and 1st respondent were Councilors of Kalamassery Municipality for the years 2000-05. They contested election in 2000 as official candidates of Indian National Congress, which is a constituent unit of United Democratic Front (UDF). The 1st respondent filed petitions before the State Election Commission under Sections 3 and 4 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 alleging that the petitioners violated the whip and ceased to be member of Indian National Congress.

2. The respondents filed their objection in the above petitions. The State Election Commission, by its judgment dated 12.06.2012, decided both the petitions, O.P. Nos. 174 and 175 of 2004, holding that the respondents, (petitioners in the writ petition) by their conduct of having contested