Kerala High Court Upholds Disqualification of Petitioners for Defying Revolutionary Marxist Party of India (RMPI) Whip, Holds Use of ‘Football’ Symbol Confirms Party Affiliation Under Kerala Local Authorities (Prohibition of Defection) Act

Court’s Decision:

The Kerala High Court dismissed the writ petition challenging the Election Commission’s order, which disqualified the petitioners from their positions as elected members of the Grama Panchayat under the Kerala Local Authorities (Prohibition of Defection) Act, 1999. The court held that the petitioners, despite claiming to be independent candidates, were deemed to have been set up by the Revolutionary Marxist Party of India (RMPI) due to the allotment of the RMPI’s election symbol, “Football.” Thus, their actions in defying the party whip amounted to defection, and the Election Commission’s decision was upheld.

Facts:

The petitioners contested the 2020 General Elections to the Local Self Government Institutions from various wards in East Elari Grama Panchayat. They claimed to be independent candidates but were allotted the “Football” symbol, which was prioritized for the RMPI. The second respondent, a candidate from the Indian National Congress (INC), filed a petition before the Election Commission alleging that the petitioners had defied the RMPI whip and voted against the INC-RMPI alliance’s candidate for Panchayat President. This defiance allegedly constituted defection under the Kerala Local Authorities (Prohibition of Defection) Act, 1999. The Election Commission agreed, disqualifying the petitioners.

Issues:

1. Were the petitioners candidates of RMPI or independents as claimed?
2. Did the petitioners disobey the directions of RMPI as alleged?
3. Had the petitioners voluntarily given up their RMPI membership?
4. Did the petitioners commit defection under Section 3 of the Kerala Local Authorities (Prohibition of Defection) Act?

Petitioner’s Arguments:

The petitioners contended that they were independent candidates and had no political allegiance to RMPI. They claimed that the allotment of the “Football” symbol, which RMPI used, did not imply their membership in the party. The petitioners further argued that the Election Commission erred in deeming them RMPI members and that their nomination papers clearly stated their independent status.

Respondent’s Arguments:

The second respondent argued that the petitioners were set up by RMPI, as they were allotted the “Football” symbol, a symbol reserved for RMPI. According to the Kerala Local Authorities Election Symbols (Reservation and Allotment) Order, 2017, any candidate using a reserved symbol was deemed to be a candidate set up by the party. Consequently, the petitioners were bound by the RMPI’s directives, and their defiance of the party whip constituted defection.

Analysis of the Law:

The court analyzed Section 3 of the Kerala Local Authorities (Prohibition of Defection) Act and the Kerala Local Authorities Election Symbols (Reservation and Allotment) Order, 2017. It emphasized the importance of election symbols in determining party affiliation. According to the law, a candidate who uses a party’s symbol is deemed to be set up by that party. Hence, the court held that the petitioners, having used the “Football” symbol, were effectively RMPI candidates and were bound by the RMPI’s whip.

Precedent Analysis:

The court referred to prior rulings, including Lissy Valsalan v. Suja Salim, which held that failure to comply with a party’s directives amounts to voluntary abandonment of membership, leading to disqualification. The precedent supported the Election Commission’s decision that the petitioners’ actions constituted defection under the law.

Court’s Reasoning:

The court concluded that the Election Commission’s decision was based on sound legal principles. It noted that the petitioners had used RMPI’s “Football” symbol, which automatically tied them to the party. Their argument that they were independent candidates was invalidated by the use of a party-specific symbol. The court further reasoned that defying the RMPI whip amounted to defection under the Kerala Local Authorities (Prohibition of Defection) Act.

Conclusion:

The writ petition was dismissed, and the Election Commission’s order disqualifying the petitioners was upheld. The court found no reason to interfere with the Commission’s findings, which were based on relevant laws governing political defections and election symbols.

Implications:

This judgment underscores the importance of election symbols in determining political affiliations under Kerala’s local government laws. It affirms that candidates using a party’s reserved symbol are deemed to belong to that party, regardless of any claims of independence. The ruling also reinforces the legal consequences of defying party directives, leading to disqualification under the Kerala Local Authorities (Prohibition of Defection) Act.

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