These observations were made while considering two petitions challenging an order of the Kerala State Election Commission that refused to disqualify Mathew Joseph, a member of the Thodupuzha Municipal Council who was elected to the Council in 2020.
The case has its genesis in the split of political Kerala Congress (M) [KCM], into two factions – KCM led by Jose K Mani and the KCM PJ Joseph Group [KCMPJJ], led by PJ Joseph.
Pursuant to an order of the Election Commission and of the High Court Court, KCM was given the symbol ‘two leaves’ while KCMPJJ was given the symbol ‘chenda’ (drum).
Pertinently, the KCM was part of the Left Democratic Front, while KCMPJJ was part of the United Democratic Front coalition.
The allegation against Mathew Joseph was that he contested and won the election as a member of KPMJJ but after getting elected, he voluntarily gave up his membership with KCMPJJ and joined the KCM. This ought to have resulted in his disqualification under Section 3A of the Kerala Local Authorities (Prohibition of Defection) Act, 1999, the petitioners contended.
However, Joseph contended that the KCMPJJ is not a registered political party as defined by the Representation of Peoples Act. Rather, he argued that it is, at the most, only a splinter group. The provisions of defection will apply only when a person gives up membership in a registered political party, he submitted.
Source: Barandbench
