MUHAMMED KUNHI B Vs. K ABDULLA

JUDGEMENT

(1.) In both these Writ Petitions, the Petitioners are challenging the common order passed by the State Election Commission in O.P. Nos. 76/2009 and 77/2009, produced as Ext.P4, whereby the Petitioners have been disqualified from the membership of Meenja Grama Panchayat in terms of the provisions of the Kerala Local Authorities (Prohibition of Defection) Act, 1999.

(2.) The first Respondent in the Writ Petitions is the Petitioner before the State Election Commission. The Petitioners and the first Respondent were elected in the elections conducted in September, 2005 from different wards of Meenja Grama Panchayat. They contested as candidates of a political party, viz. Indian Union Muslim League which is a constituent of the United Democratic Front (U.D.F.). The Indian Union Muslim League had three members, Indian National Congress two and Kerala Congress (M) one and all these parties formed the constituents of U.D.F. The L.D.F. had four members and B.J.P. had also four members.

(3.) The first Respondent was elected as President of Meenja Grama Panchayat by the support of the elected members of U.D.F. The Vice President elected was Ms. Sobha from Indian National Congress. The dispute leading to the present proceedings arose when a no-confidence motion was moved against the first Respondent which was discussed in the meeting of the Panchayat on 9.11.2009. Both the Petitioners herein are signatories to the no-confidence motion along with the members of the B.J.P. and they have also voted in favour of the motion along with four members of the B.J.P. and two members belonging to C.P.I. (M). The motion was thus adopted. Another motion was similarly moved against the Vice President which was also adopted.