IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WA.No. 901 of 2009 -------------------- AGAINST THE ORDER IN WPC.9221/2009 Dated 30/03/2009 .................... APPELLANT/PETITIONER: ------------------------------------ LATHA SUGATHAN,MEMBER WARD I, VIZHINJAM GRAMA PANCHAYATH,'SUGATH', KOVALAM P.O,THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.GEORGE THOMAS (MEVADA) RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. ASUNTHA MOHAN,W/O.MOHAN,MASS HOUSE, KOTTAPPURAM P.O,VIZHINJAM,THIRUVANANTHAPURAM, (MEMBER WARD NO.16,VIZHINJAM GRAMA PANCHAYATH) 2. THE KERALA STATE ELECTION COMMISSION, THIRUVANANTHAPURAM,REP.BY ITS SECRETARY. R1 BY ADV. SRI.G.S.REGHUNATH R2 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2009, ALONG WITH WA No.920/09 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.Nos. 901 and 920 OF 2008 and W.P.(C) Nos. 9221 and 9210 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this, the 8th day of April, 2009 JUDGMENT Kurian Joseph, J. These appeals are filed by the writ petitioners aggrieved by the interim order dated 30.03.09. As per the said interim order the learned Single Judge declined to grant the stay of operation of the impugned order, Ext.P12, passed by the Election Commission. As per the said order, the Election Commission disqualified the writ petitioners under the provisions of Kerala Local Authorities (Prohibition of Defection) Act, 1999. 2. The Election Commission found that by the conduct of the writ petitioners facilitating the non-confidence motion with the co-operation of the opposite party, the inference has to be drawn that the writ petitioners have voluntarily given up their membership in the party. We have considered an WA Nos.901 & 920 of 2009 and WPC : 9221 & 9210 of 2009 -:2:- identical issue in our judgment in WA No.770 of 2009 and connected cases, wherein also the facts are identical. We have held that though the party to which the writ petitioners belonged owns up the writ petitioners thereafter and though there is nothing to show that the writ petitioners have expressly resigned from the party, yet with the conduct of crossing the floor either by facilitating non-confidence motion with the co-operation of opposite party or by voting against the interest of the political party to which they belonged an inference has to be drawn that they have voluntarily given up their membership in the political party and thus disqualification under the Act is attracted. 3. Learned counsel for the appellants submits that in that view of the matter hardly anything survives in the writ petition and hence the writ petition also can be disposed of along with these writ appeals. Accordingly, with the consent of all the parties, we have called for the writ petition also. Since the issue is wholly covered against the appellants, we WA Nos.901 & 920 of 2009 and WPC : 9221 & 9210 of 2009 -:3:- dismiss the writ petition and writ appeals. A copy of the judgment in WA No.770 of 2009 will be annexed to this judgment. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb