IMPORTANT POINTS
" Under the Act, a member can be disqualified if he has voluntarily given up the membership of the political party to which he belongs or acts in defiance of a whip / direction issued by the political party.
" Disqualification for voluntarily giving up the membership of one`s party, is not dependant on the violation of the whip. The intention of the Act is that the member who has violated the whip or has abandoned the membership of the political party to which he belongs shall be disqualified. It is not necessary to hold that the member has violated the whip in order to hold that he has voluntarily abandoned the membership of his political party. The grounds for disqualification are distinct and are not interlinked.

HRISHIKESH ROY, J.

1. Heard Sri. T.M. Raman Kartha, the learned counsel appearing for the appellants. Also heard Sri. Murali Purushothaman, the learned standing counsel appearing for the 1st respondent and Sri. V. Philip Mathew, the learned standing counsel appearing for the Panchayat (4th respondent).

2. The appellants in these two cases were to vote in accordance with their party's direction but they acted contrary to such direction while voting for the Panchayat President's post, in the Maranallur Panchayat in the election held on 26.11.2012. Both appellants belong to the CPI(M) Party and were directed to vote in favour of the party candidate put up by the CPI party, since under the arrangement of the two parties, it was the CPI's turn for the Presidential post. However, defying the Party directives, the appellant Eruthavoor Chandran deliberately voted in a defective fashion, and thereby invalidating his vote. In so far as the appellant Sri. K. Rajendranis concerned, he failed to cast his vote, feigning illness and getting himself admitted to the hospital. It so turned out that the Presidential candidate put up by the LDF was defeated by a single vote and therefore it is apparent that votes of the two appellants could have made a material difference in the result of the said election.

3. Accordingly, complaint was filed by the defeated candidate Sri. N. Bhasurangan, under the Kerala Local Authorities (Prohibition of Defection) Act, 1999 ('the Act' for short). Acting on the complaint and the evidence adduced by the parties, the Kerala State Election Commission concluded that the conduct of the appellant is covered by the first limb of Section 3(1)(a)of the Act, and they voluntarily gave up their membership in the political party, by defying the voting direction issued by the party. The appellants were accordingly declared to have earned the disqualification by the Election Commission, under the analogous judgment dated 17.7.2013 (Ext.P5). The aggrieved parties then approached the High Court but the learned Judge by the judgment rendered on 8.7.2014, found no acceptable basis to interfere with the disqualification ordered by the Election Commission. Thus, both Writ Petitions were dismissed on 8.7.2014. Against the said order, the present Writ Appeals have been filed.

4. The learned counsel Sri. Murali Purushothaman draws the attention of the court to paragraph 28 of the 17.7.2013 (Ext.P5) judgment of the Election Commission to point out that the appellants by their conduct is found to have voluntarily given up their membership of their political party and that action had not been taken against them, for defying the party whip. Therefore, these cases are covered under the first limb of the disqualification, specified by Section 3(1)(a)of the Kerala Local Authorities (Prohibition of Defection) Act,1999.

5. In order to explain the distinction between the member of a political party acting in defiance of the whip and a member who voluntarily gives up the membership of the party, the learned counsel for the Election Commission, places reliance on the decision reported in Biju P.S and Others v. Kerala State Election Commission [2009(2) KHC 839] wherein a learned Judge has held as follows:

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17. Under the Act, a member can be disqualified if he has voluntarily given up the membership of the political party to which he belongs or acts in defiance of a whip / direction issued by the political party. Disqualification for voluntarily giving up the membership of one's party, is not dependant on the violation of the whip. The intention of the Act is that the member who has violated the whip or has abandoned the membership of the political party to which he belongs shall be disqualified. It is not necessary to hold that the member has violated the whip in order to hold that he has voluntarily abandoned the membership of his political party. The grounds for disqualif