Plea in Kerala High Court to allow voters to file anti-defection petitions against local body members

A plea has been filed before the Kerala High Court challenging Section 4 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 in so far as it excludes voters from filing petitions to disqualify elected members of local bodies on grounds of defection [Baburaj Thottukara v State of Kerala & ors]..Justice Mohammed Nias CP today sought the response of the State Government and the State Election Commission (SEC) in the matter..The petition has been filed by one, Baburaj Thottukara (petitioner), who has sought the ouster of Poulin Thomas from the Eruvessy Grama Panchayat, Kannur district. Thomas had been elected to this post in the Local Self Government elections of 2020 and had won the election as an independent candidate.However, Thomas joined the Indian National Congress in 2021. Citing this change of affiliation, the petitioner approached the SEC seeking the disqualification of Thomas from his post, on the grounds of defection under Section 3 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999..However, the SEC dismissed the petition citing Section 4 of the Act, which stipulated that only a member of the local authority, the concerned political party, or a person authorized by the political party can file such a disqualification petition. Aggrieved by this decision, the petitioner approached the High Court challenging the provision and the decision of the SEC..The petitioner highlighted that the 1999 Act was aimed at preventing defection among members of local authorities and ensuring political accountability and stability.The petitioner further contended that the exclusion of voters from Section 4 undermines the Act’s purpose, leaving voters without any remedy if local authority members or political parties do not take action against politicians who defect. The petitioner stated that this exclusion creates an unreasonable classification among individuals with a legitimate interest in maintaining the electoral mandate. Such an exclusion of voters is, thus, violative of Article 14 (right to equality) of the Constitution of India, he submitted. .The petitioner was represented by advocates Manas P Hameed and Ipsita Ojal.The matter is listed next after two weeks.