Voters Seek Right To File Anti-Defection Petitions Against Local Bodies: Kerala HC

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Justice Mohammed Nias CP sought responses from the State Government and the State Election Commission (SEC) regarding this matter.

Voters Seek Right to File Anti-Defection Petitions: Plea Filed in HC — Voters Seek Right to File Anti-Defection Petitions Against Local Bodies: Kerala HC

KERALA: Today (28th June): A plea has been filed before the Kerala High Court challenging Section 4 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999, which excludes voters from filing petitions to disqualify elected members of local bodies on grounds of defection.

Justice Mohammed Nias CP sought responses from the State Government and the State Election Commission (SEC) regarding this matter.

The petitioner, Baburaj Thottukara, is seeking the disqualification of Poulin Thomas from the Eruvessy Grama Panchayat in Kannur district. Thomas, elected as an independent candidate in the 2020 Local Self Government elections, joined the Indian National Congress in 2021. Citing this change in affiliation, the petitioner approached the SEC for Thomas’ disqualification under Section 3 of the Act.

The SEC dismissed the petition, referencing Section 4, which allows only members of the local authority, the concerned political party, or an authorized person from the political party to file such petitions.

Aggrieved by the SEC’s decision, the petitioner challenged the provision and the SEC’s decision in the High Court. The petitioner argued that the Act aims to prevent defection and ensure political accountability and stability.

Excluding voters from filing petitions undermines this purpose, leaving voters without recourse if local authority members or political parties do not act against defectors. This exclusion, the petitioner contends, creates an unreasonable classification and violates Article 14 (right to equality) of the Indian Constitution.

The petitioner is represented by advocates Manas P Hameed and Ipsita Ojal. The matter will be heard next in two weeks.