PULLIKUNNIL YOUSUFF Vs. ALAYAN ABDUL RASHEED AND ORS.

JUDGEMENT

(1.) The petitioner in W.P.(C). No. 18360/2010 is the appellant herein. He is aggrieved by the judgment of the learned Single Judge dismissing the Writ Petition filed by him challenging Ext.P-9, order passed by the 2nd respondent, finding that he has voluntarily given up membership of his party, IUML, and disqualifying him under the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (hereinafter referred to as "the Act" for short).

(2.) We heard the learned Senior Counsel appearing for the appellant and the learned Standing Counsel appearing for the 2nd respondent Commission.

(3.) Briefly stated the facts of the case are that there are 22 wards in Alanallur Grama Panchayat in Palakkad district. In the election that was held in September, 2005, the appellant contested as a nominee of the Indian Union Muslim League belonging to the United Democratic Front, in ward No.6 and won the election. In the Panchayat nine members belonged to the Left Democratic Front and 13 members belonged to the United Democratic Front. Among the 13 members, six were from Indian National Congress, five from IUML and two were independents. It is also seen that a candidate belonging to Indian National Congress was elected as the President and a candidate from the IUML was elected as the Vice President. According to the appellant, there was an understanding to interchange this, after the initial two-and-a-half years' tenure and therefore both the President and the Vice Presidents resigned from office on 6.5.2008. Thereafter, the 1st respondent, from IUML, was elected as the President and one Sri. Ummer was elected as the Vice President.