J.B. Koshy, J.

1. Appellant/petitioner is a member of Chathannoor Grama Panchayat Committee. He was elected as a candidate of a recognised political party (say 'A' party) from Ward No.l1. He was elected as the President of the Panchayat also. He continued as the President for about 60 days. Thereafter, a lone member belonging to another Party withdrew his support and, therefore, the President, supported by the 'A' party lost majority in the Panchayat Committee. Petitioner tendered his resignation from the 'A' party dissatisfied with the conduct of the leaders. Thereafter, Presidential election was held on 19-1-2000 in which petitioner and second respondent contested and the petitioner was declared elected. Second respondent filed a petition before the State Election Commission under S.4 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (in short 'the Act') for declaring that petitioner has forfeited his membership and disqualified. It was contended that petitioner had voluntarily given up his membership from the 'A' party and that he abstained from voting in favour of his party contrary to the directions issued by the party. It was further submitted that e