V. Giri, J.

1. The petitioner, in WP (C) No. 3951/08, which was dismissed by the learned Single Judge as per the impugned judgment dated 15/12/2008, is the appellant herein. The petitioner had challenged Ext. P6 order of the Kerala State Election Commission, declaring that the petitioner has rendered himself disqualified by the Kerala Local Authorities (Prohibition of Defection) Act, 1999 to continue as a member of the panchayat on the ground that he had voluntarily given up his membership of the party on whose ticket he was elected as the member of the panchayat. Learned Single Judge declined to interfere with Ext. P6 order and dismissed the writ petition. The petitioner has come up in appeal against the said judgment.

2. The alleged act of disqualification insofar as the writ petitioner is concerned emanated from the election to the post of Vice President of the Thrikadavoor Grama Panchayat held on 17/07/2006. The case of the petitioner before the Election Commission, 2nd respondent herein was that the President of the Congress Committee had issued a whip to all the members of the panchayat belonging to the Congress to cast their votes in favour of one Kochukuttan Piilai, a