A division bench of Chief Justice S Manikumar and Justice Shaji P Chaly observed that the law relating to the defection of elected persons in the Kerala Local Authorities (Prohibition of Defection) Act, 1999 and the Kerala Local Authorities (Disqualification of Defected Members) Rules, 2000, was made with the intention of upholding the constitutional principles and the democratic setup in the State.
“In our considered opinion, insofar as the law relating to defection in regard to the elected members of the local body is concerned, it is made with the intention of upholding the constitutional principles, the democratic setup, and the rule of law prevailing in the country. This we say because, in order to sustain the faith of the citizens in the democratic setup of conducting elections, and for retaining and sustaining the confidence of the citizens in the candidates elected by the electorate, a strict view is to be adopted in the matter of defection,” the Court said in its order.
Source: Barandbench
