JUDGMENT :

A.Muhamed Mustaque, ACJ.

Simple question in this appeal arises in the context of disqualification of an elected candidate to the local authority under the Kerala Local Authorities (Prohibition of Defection) Act, 1999. The question is whether a member of a local authority, who is elected while aligning with a splinter group of a political party, would continue to have the identity of a political party for the purpose of disqualification law applicable for local body.

2. Shri Mathew Joseph, the sole appellant in these cases, was elected as a member of the Thodupuzha Municipality from the P.J. Joseph group. This group was part of the United Democratic Front (UDF) coalition. He switched over to the Left Democratic Front (LDF), the opposite coalition. The rival group of Kerala Congress (M), led by Jose K.Mani, was part of LDF coalition. The Kerala Congress (M) P.J.Joseph Group, led by P.J. Joseph was part of the UDF coalition. Kerala Congress (M) is a political party registered under Section 29A of the Representation of the People Act, 1951. At the time of the election and after the election to the local body, the Kerala Congress (M) (P.J. Joseph group) was never registered as a