P A FAISAL Vs. K A ABDULLA KUNHI

JUDGEMENT

(1.) Ext. P4, an order passed by the 2nd respondent exercising its power under S.4 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 declaring that the petitioner herein shall cease to be a member of the Mogral Puthur Grama Panchayat from 29/09/2007 onwards and is disqualified from contesting as a candidate in the election to the local bodies for a period of six years from 29/09/2007 onwards, is under challenge in this writ petition.

(2.) The petitioner contested election as an Indian Union Muslim League candidate and was elected as a member of the Mogral Puthur Grama Panchayat. He was also elected as the President of the said Panchayat in September, 2005. There were 14 members in the Panchayat and 7 of them belonged to the Muslim League, 5 belonged to the BJP, 1 to Congress and 1 to Indian National League.

(3.) It is stated that by Ext. P3 dated 30/06/2006 produced before the State Election Commission in OP 44/2006, the Kasargode District Secretary of the Muslim League directed the petitioner to resign from the Presidentship of the Panchayat. He disobeyed that direction and continued as President. Subsequently, a No Confidence Motion was moved by his own party colleagues against him and despite the whip for being present in the meeting and to vote in support of the No Confidence Motion, petitioner remained absent in the meeting held on 30/08/2006. In the meeting all the 6 Muslim League members supported the No Confidence Motion, but the No Confidence Motion was defeated with the support of the BJP and INL members.