Kurian Joseph, J.

Politics without principle is one of the seven capital sins to be deprecated, according to the Father of our Nation, Mahatma Gandhi. Political defection is one of the grave vices in that group. In the statement of objects and reasons for the Fifty-second Amendment to the constitution introducing Tenth Schedule in order to prevent frequent political defects, it is stated as follows: -

“The evil of political defections has been a matter of national concern. If it is not combated, it is likely to undermine the very foundations of our democracy and the principles which sustain it.”

While upholding the constitutional validity of the Tenth Schedule, the Supreme Court in Kihoto Hollohan v. Zachillhu, 1992 Supp. (2) SCC 651 observed as follows: -

“A political party goes before the electorate with a particular programme and it sets up candidates at the election on the basis of such programme. A person who gets elected as a candidate set up by a political party is so elected on the basis of the programme of that political party…If a member while remaining a member of the political party which had set him up as a candidate at the election votes or abstains from voting contrary to any ‘direction’ issued by the political party to which he belongs or by any person or authority authorized by it in this behalf, he incurs the disqualification……A political party functions on the strength of shared beliefs. Its own political stability and social utility depends as such shared beliefs and concerted action of its members in furtherance of those commonly held principles. Any freedom of its members to vote as they please independently of the political party’s declared politics will not only embarrass its public image and popularity but also undermine public confidence in it which, in the ultimate analysis, is its source of sustenance – nay indeed its survival. ….To vote against the party is disloyalty. To join with others in abstention or voting with other side smacks of conspiracy”

Under the mandate of Article 243-F of the Constitution of India, the Kerala Local Authorities (Prohibition of Defection) Act 1999 was enacted. To quote from the statement of objects: -

“An Act to prohibit defection among members of local authorities in the State of Kerala and to provide for disqualification of the defecting members for being members of the local authorities.”

Section 3 provides for disqualification of the ground of defection which reads as follows: -

“3. Disqualification on ground of Defection: -

(1) Notwithstanding anything contained in the Kerala Panchayat Raj Act, 1994 (13 of 1994), or in the Kerala Municipality Act, 1994 (20 of 1994), or in any other law for the time being in force, subject to the other provisions of this Act, --

(a) if a member of local authority belonging to any political party voluntarily gives up his membership of such political party, or if such member, contrary to any direction in writing issued by the political party to which he belongs or by a person or authority authorized by it in this behalf in the manner prescribed, votes or abstains from voting --

(i) in a meeting of a Municipality, in an election of its Chairperson, Deputy Chair person, a member of standing Committee or the Chairman of a Standing Committee; or

(ii) in a meeting of a Panchayat, in an election of its President, Vice President, a member of a Standing Committee; or the Chairman of the Standing Committee: or in a voting on a no-confidence motion against any one of them except a member of a Standing Committee;

(b) if an independent member belong to any coalition withdraws from such coalition or joins any political party or any other coalition, or if such a member, contrary to any direction in writing issued by a person or authority authorized by the coalition in its behalf in the manner prescribed, votes or abstains from voting. –

(i) in a meeting of a Municipality, in an election of its President, Vice President, a member of Standing Committe