A.M. Shaffique, J.

1. The petitioners in W.P.(C)No.4944/2015 has come up in appeal challenging judgment dated 10/07/2015 by which the learned Single Judge had dismissed the writ petition. The writ petition was filed challenging Ext.P29, an order passed by the Kerala State Election Commission (hereinafter referred to as the 'Commission') inter-alia holding that appellants, having moved a no confidence motion against the President of the Panchayat, who was a member of their political party and having voted in favour of the said motion with support of LDF, have become disqualified to continue as members of the Panchayat and from contesting election to any local authority for a period of six years from the date of order in terms with Section 4(3) of the Kerala Local Authorities (Prohibition of Defection) Act.

2. The averments in the case would disclose that separate applications were filed as O.P.Nos.14, 16, 17, 18, 19, 20 and 21 of 2012 by one Sri. P.V. Pathrose, the 2nd respondent herein, inter-alia alleging that the writ petitioners, on account of their action in violating the whip issued by the Congress Party and acting against the interest of Indian National Congress (INC) had voluntarily given up their membership from the party.

3. The short facts in the original petition filed before the Commission would disclose that Panancherry Grama Panchayat consisted of 23 divisions, INC won in 13 divisions, the Left Democratic Front (LDF) in 9 Divisions, and one division was won by Kerala Congress (M) [KC (M)] which is a partner of United Democratic Front (UDF) along with INC. The 2nd respondent, an INC member, was elected as President of the Panchayat. On 25/02/2012, the appellants together submitted a no confidence motion to remove the President. The no confidence motion was tabled for consideration by the members of the Panchayat in the meeting on 08/03/2012. 2nd respondent contended that the President of Thrissur District Congress Committee issued whip and direction to the appellants as well as to other members directing its party members from abstaining from the proposed no confidence motion. The whip and direction was affixed in a conspicuous part of the residence of the appellants in the presence of two witnesses. When the resolution was taken up for consideration in the meeting on 08/03/2012, the 2nd respondent alleges that appellants, in collusion with the rival coalition of LDF, voted in favour of the no confidence motion, thereby unseating him. This, according to the 2nd respondent, amounts to defection and therefore he sought for a declaration that the appellants committed defection.

4. Written Statement was filed by the appellants inter-alia contending that out of the 13 members of INC, 7 members submitted no confidence motion as instructed by the District President. They contended that the District Congress Committee (for short 'DCC') gave direction to the 2nd respondent to resign but he disobeyed the direction. They also denied any whip being issued by the DCC President. They also denied that they have obtained support from LDF for passing the no confidence motion. They denied the fact that they have acted against the interest of the political party. The Commission considered all the petitions together and by a common order allowed the same.

5. Commission relied upon the oral testimony of PW1 to PW4 and RWs 1 to 6 and Exts.P1 to P11 and Exts.R1 to R12. On an evaluation of the factual and legal issues involved in the matter, the Commission found that though there was no violation of whip in terms with the statutory provisions, on account of the petitioner's conduct of obtaining the vote for no confidence along with LDF members, it amounts to defection on the ground of voluntarily giving up membership from the party.

6. The writ petition was filed challenging the order passed by the Commission. Learned Single Judge confirmed the view taken by the Commission against which this appeal has been filed.

7. Sri. Shaji Thomas