Defection A Menace To Democracy, Stringent Financial Penalties Needed Against Defectors : Kerala High Court

The Kerala High Court held that defection is a menace to the Indian representative democracy and that the existing laws were ineffective in curbing defection effectively. Justice Bechu Kurian Thomas noted that despite anti-defection laws, many persons commit acts of defection. Taking into account the nature of orders that can be issued against defectors under the existing laws, Justice Thomas held that stringent financial penalties have to be imposed. It observed that only financial penalties will affect the defectors and deter them from committing acts of defection.“Once an elected representative is found disqualified due to defection, the burden on the exchequer is immense due to the inevitable bye-elections. However, the person responsible for such nefarious activity is not affected seriously due to the nature of the orders that can be issued under the existing law. Considering the entire scenario, this Court has a wishful thinking that the time has come to contemplate on including stringent financial penalties for acts of defection. Unless a monetary pinch is felt by the defector, the evil acts that are sought to be remedied by the anti-defection law will continue. However, as it is a matter that requires a legislative exercise, this Court fervently hopes that the legislature will bestow its consideration earnestly.”The Court stated that it hopes that the legislature will consider the possibility of imposition of financial penalties upon the defectors under the anti-defection laws to curb the menace of defection. The Court passed the above order while considering the issue of defection by voluntarily giving up membership of a political party under whose banner the candidate stood for elections and won. The Court found that the 2nd respondent stood for election as a candidate of Kerala Congress (M) P.J.Joseph [KCMPJJ] under UDF coalition and later joined Kerala Congress (M) [KCM] which is an LDF coalition. It observed that the 2nd respondent had defected under Section 3 (1) (a) of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (hereafter, referred to as the Act) and has to be disqualified. Background FactsThe 2nd respondent, an elected member from Thodupuzha Municipal Council was alleged to be defected by voluntarily giving up the membership of the party under whose banner he was elected. The petitioners, also elected members from Thodupuzha Municipal Council, filed petitions before the State Election Commission alleging that the 2nd respondent has become disqualified due to defection.The allegation was that the 2nd respondent won the election as member of Kerala Congress (M) P.J.Joseph [KCMPJJ] under UDF coalition. Both the petitioners and the 2nd respondent belonged to UDF coalition. It was alleged that after 2nd respondent won the election, he gave up his membership in KCMPJJ and joined Kerala Congress (M) [KCM] which is a LDF coalition. KCM was part of coalition of LDF group that included CPI, the CPM and KCM. KCMPJJ was part of the coalition of the UDF group which included the Indian National Congress and KCMPJJ. It was alleged that he suffered disqualification under Section 3(1) of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (hereafter, referred as the Act)The 2nd respondent has denied all the allegations and stated that he was unaware of the coalition groups and that he was a member of the Indian National Congress. The State Election Commission stated that there was no cause of action for disqualification and dismissed the petitions. Aggrieved by this, petitioners have approached the High Court.The Counsel for the petitioners argued that the 2nd respondent has voluntarily given up party membership of the political party and the UDF coalition, after he won the election and has committed defection. The Counsel for the 2nd respondent submitted that the order of the State Election Commission warrants no interference under the writ petition. It was submitted that he could be disqualified only for giving up membership of a political party and that KCMPJJ was not a registered political party. It was submitted that KCM was a registered political party. The issue before the Court was to consider whether the elected candidate committed defection by giving up membership of the party under which he stood for elections and won it. Court ObservationsThe Court noted that the anti-defection law was enacted to prevent political defection as floor crossings from one party to another became a threat to democracy. The court noted that the term defection means the joining of another political party other than under whose banner a person stood and got elected. It noted that political defection betrays not only the party under whose banner the election was won but also the public who voted for the candidate. The Court stated that persons were elected by the public based on the promises and ideology of the political party that they represent. It noted that wriggling out of...

Defection A Menace To Democracy, Stringent Financial Penalties Needed Against Defectors : Kerala High Court

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