In a significant observation, the Kerala High Court has highlighted the need for a more stringent anti-defection law, including the imposition of financial penalties on politicians who defect. This statement comes in the context of the court’s deliberations on political defections, which it views as a threat to the integrity of democracy.
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Justice Bechu Kurian Thomas, while addressing the issue, expressed that the current anti-defection laws are insufficient in curbing the practice of political defection. He emphasized,
“The conduct of political defection betrays not only the party under whose ticket the candidate contested the elections but also the will of the people who elected the candidate. Wriggling out of the evil of anti-defection law on technicalities, despite changing sides after the election, erodes the efficiency of the law enacted. Such attempts will be to the peril of democracy itself. Ingenious methods adopted by the defectors to overcome the rigour of anti-defection law must be dealt with sternly, as otherwise, the purpose of the statute itself could be destroyed.”
Justice Thomas further suggested that imposing stringent financial penalties could be an effective deterrent against defection. He noted,
“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.”
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These observations were made while the court was considering two petitions challenging an order of the Kerala State Election Commission. The petitions were against the refusal to disqualify Mathew Joseph, a member of the Thodupuzha Municipal Council, who was elected in 2020. The case stemmed from the split of the Kerala Congress (M) into two factions, leading to allegations that Joseph, after being elected as a member of one faction, voluntarily gave up his membership and joined the other faction. This act, according to the petitioners, should have resulted in his disqualification under the Kerala Local Authorities (Prohibition of Defection) Act, 1999.
However, Joseph contended that the faction he left was not a registered political party as defined by the Representation of Peoples Act, but merely a splinter group, arguing that defection laws apply only when a person leaves a registered political party.
The Kerala High Court’s call for a more robust anti-defection law underscores the need for legislative reforms to preserve the sanctity of the electoral mandate and the democratic process.
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