The wider meaning of 'voluntarily gives up his membership' under S.3(1)(a) of the Kerala Local Authorities (Prohibition of Defection) Act, 1999.

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 even though he submitted resignation, resignation was not formally accepted and, therefore, he is not liable for disqualification. Evidence was adduced by both parties. Witnesses were examined and by Ext. P10 order, State Election Commission allowed the application filed by the second respondent and declared that petitioner has committed defection as mentioned by S.3(1) (b) of the act and incurred disqualification from continuing as a member of the Grama Panchayat committee. Consequently, petitioner became disqualified from contesting the election for six years. Challenge against Ext. P10 order was not accepted by the learned single Judge.

2. Heard the learned counsel for the petitioner, Mr.N. Nandakumara Menon for the State Election Commission and Mr. Thampan Thomas for the second respondent.

3. Section 3(1) (a) of the Act reads as follows

"3. Disqualification on ground of Defection:- (1) Notwithstanding anything contained in the Kerala Panchayat Raj Act, 1994 (13 of 1994), or in the Kerala Municipality Act, 1994 (20 of 1994), or in any other law for the time being in force, subject to the other provisions of this Act,

(a) if a member of local authority belonging to any political party voluntarily gives up his membership of such political party, or if such member, contrary to any direction in writing issued by the political party to which he belongs or by a person or authority authorised by it in this behalf in the manner prescribed, votes or abstains from voting,-

(i) in a meeting of Municipality, in an election of its Chairperson, Deputy Chairperson, a member of standing Committee or the Chairman of a standing committee; or

(ii) in a meeting of a Panchayat, in an election of its President, Vice President, a member of a Standing Committee, or the Chairman of the Standing committee; or in a voting on a no-confidence motion against any one of them except a member of a Standing Committee; .

The Election Commission accepted the contention of the petitioner that no whip was issued by the party to him. However, Election Commission found from the conduct of the person and from the evidence that the petitioner voluntarily gave up his membership of original party and, therefore, found him disqualified. The fact that petitioner submitted resignation is not disputed. Petitioner himself admitted that he submitted resignation. According to him, it was not accepted formally. Till there is acceptance, it cannot be found that he committed defection. But, the Election Commissioner noticed that after submission of his resignation he contested for presidentship. He also submitted that he contested for presidentship without getting permission from 'A' party on whose banner he was elected. It was admitted by him that none of the 'A' party members supported him in the subsequen