A.M. Shaffique, J.

Petitioner challenges Ext. P8 order passed by the Kerala State Election Commission dismissing an application filed by the petitioner seeking disqualification of the second respondent who was one of the elected candidates in the Elikkulam Grama Panchayath in the general elections to the local bodies held in the year 2005. Both the petitioner as well as the second respondent were elected as the members of the Panchayath. According to the petitioner they were put up by the United Democratic Front which comprised of Indian National Congress and Kerala Congress (Mani). The second respondent was the official nominee of the UDF for the post of President. She was defeated by one vote. When the President resigned from the post in 2007, fresh elections were conducted on 30/11/2007. It is the contention of the petitioner that at the relevant time the second respondent deserted the UDF and contested as the candidate of rival LDF. This, according to the petitioner, amounted to disqualification under the provisions of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (hereinafter referred as the Act). Complaint of the petitioner is that despite the fac