Sec.1
. There is no automatic disqualification of a member. Before a member is
disqualified certain conditions have to be satisfied and it is subject to the
decision and adjudication by the Election Commission. [
Jose Augustine vs State of Kerala. AIR 1999 Ker 293. P.Shanmugham {J}]
Sec. 3(1) (b) - When a member resigns from his party contests the election as president against the mandate of his party, he incurrs disqualification contemplated by this section . Meaning of the term " voluntarily gives up his membership". [ S.Shajahan vs Chathannor Grama Panchayath. ILR 2001(1) Ker 111. J.B.Koshy & M.Ramachandran (J&J)]