JUDGMENT :

Sri Mathew Joseph, an elected member of the Thodupuzha Municipal Council, is alleged to have defected by voluntarily giving up membership of the party under whose banner he was elected. Two petitions were filed before the Kerala State Election Commission alleging that Sri. Mathew Joseph had become disqualified due to defection by voluntarily giving up membership of the party as well as of the coalition of which he was a member. Both petitions were dismissed by the impugned order. These two writ petitions challenge the aforementioned order invoking this Court's jurisdiction under Article 226 of the Constitution of India.

2. Sri.Joseph John and Sri. Deepak, the two writ petitioners, are the elected members representing Ward No.27 and Ward No.3, respectively, while Sri. Mathew Joseph is the elected member from Ward No.11 of Thodupuzha Municipality. The elections to the Local Self Government Institutions were held in the year 2020. Sri. Deepak contested under the banner of the Indian National Congress, while Sri. Joseph John and Sri. Mathew Joseph contested under the banner of Kerala Congress (M) P.J.Joseph Group. Prior to the election, the party, Kerala Congress (M), had spli