This writ petition is filed by the petitioner

seeking to quash Ext.P3 order of the 1^st respondent,

Kerala State Election Commission, dismissing the petition

filed by the petitioner herein, refusing to disqualify

the 2^nd respondent, allegedly for the defection committed

under Sec.3(1)(a) of the Kerala Local Authorities

(Prohibition of Defection) Act, 1999 (for brevity, 'Act,

1999'). Brief material facts for the disposal of the

writ petition are as follows:

2.

Petitioner and the 2^nd respondent are elected

councillors of Sulthan Bathery Municipality in the

election held during November, 2015. Petitioner was

elected as the candidate of Indian National Congress.

The 2^nd respondent was elected from Ward No.23 as a

candidate of Kerala Congress (M), a constituent of

Congress led United Democratic Front (UDF). There were

three candidates in Ward No.23, including the 2^nd

respondent. The candidates of both LDF and UDF secured

243 votes each, and in the draw conducted, 2^nd respondent

was declared elected. In the election, both UDF and LDF

secured 17 seats each out of the total 35 seats. The

remaining one seat was won by the BJP. After