Important Points:
" Disqualification prescribed under Sec.3 of Act, 1999, with respect to voluntarily giving up membership and violating the whip are distinct and different, and it is not necessary to hold that the member has violated the whip in order to conclude that he has voluntarily given up the membership of the political party
" The moment one becomes disloyal by his conduct towards the political party, the inevitable inference is that, he has voluntarily given up his membership from that party.
" By adopting a strict view in the interpretation of the provisions of Act, 1999, and the Rules, 1995, which has to be done so, the action of the writ petitioners can only be viewed deliberate and wilful to defeat the official candidate.

1. The captioned writ petitions filed by the respondents in the election petitions are materially connected, challenging the common order passed by the Kerala State Election Commission, Thiruvananthapuram in O.P.Nos.96 & 97 of 2015 dated 30.11.2016, holding that the writ petitioners have voluntarily given up their membership, in accordance with the stipulation under Sec.3(1)(a) of the Kerala Local Authorities (Prohibition of Defection) Act, 1999, and disqualified them from contesting election to any local authority for a period of six years, as provided under Sec.4(3) of the Act. Since the subject matter of the writ petitions are common in nature, I heard them together and propose to deliver this common judgment. Material facts for the disposal of the writ petitions discernible from the complaints filed before the Commission are as follows:

2. Petitioners and the party respondent were members of the Kadamakudi Grama Panchayat, Ernakulam District, representing different Wards. They were elected to the Panchayat in the General Elections held to the Local Authorities during November, 2015, as the official candidates of Indian National Congress. The District President of the Indian National Congress allotted the official symbol of the party to all contesting candidates of Indian National Congress. After the election, all returned candidates of Indian National Congress gave a sworn declaration to the Secretary of the Kadamakkudi Grama Panchayat, conveying their affiliation with political party as Indian National Congress. In the said declaration given by the petitioners to the Secretary, as per Rule 3(2) of the Kerala Local Authorities (Disqualification of Defected Members) Rules, 2000, they affirmed that they are the official candidates and members of Indian National Congress having affiliation with all the elected members of the said political party. On the basis of the same, the Secretary of the Grama Panchayat prepared a political affiliation register of the members, wherein also, the said aspects are stated. Therefore, as per the available records with the Secretary, it is evident that, petitioners were members of the said political party at the time of election and also while swearing in as Panchayat members.

3. There are 13 Wards in the Grama Panchayat and after election, representation of the parties in the board is as follows: Indian National Congress-5 members, LDF comprising of CPI(M) and CPI, 2 and 3 members respectively, BJP-2 members, and one independent member. The Indian National Congress which won 5 seats decided to find out its chance to form board in the Panchayat, with the support of the one independent candidate, which was also offered by the independent candidate. The election to the post of President and Vice- President of the Panchayat was notified on 19.11.2015 by the Commission. Accordingly, arrangements were made in consultation with the Parliamentary Party, and the District Congress Committee nominated the party respondent in the writ petitions as the President candidate and one Mrs. Treasa Manual K. as the Vice- President candidate.

4. Accordingly, a whip was issued by the President of the District Congress Committee to vote in favour of the party respondent and the said Treasa Manual, to the respective posts. It is also stated that, the whip was served on all Congress members. It was also served on the petitioners in the writ petitions by handing over directly by the Block Congress Committee Vice-President, who also requested to acknowledge the receipt of the whip. It is also submitted that, the meeting for electing the President was called for, on 19.11.2015 at the Panchayat Committee Hall. Before the election, the Returning Officer explained the process and mode of voting, and specifically instructed that “X” mark alone will be valid and do not put any “v” mark. Thereafter, nominations for the post of President was invited by the Returning Officer, and the party respondent was nominated on beh