THIRUVANANTHAPURAM: Ernakulam has the highest number of local body representatives to be disqualified under anti-defection law since 2014.
As per the list of members/councillors published by state election commission on those disqualified for six years, 36 local body representatives in various local self-government institutions in Ernakulam district have been disqualified since 2014. Kannur with two had the least number of disqualifications.
The candidates are disqualified for contesting in election for a period of six years from the date of disqualification and it is done as per provisions of Kerala local authorities prohibition of defection Act.
The act provides for disqualification on the ground of defection, if a member of local authority, belonging to any political party voluntarily gives up her/his membership, or if such a member votes or abstains from voting in a meeting of a municipality or in the election of its chairperson, deputy chairperson, member of a standing committee or the chairman of the standing committee, contrary to any direction in writing issued by the political party to which he belongs.
In 2020 itself, 10 members of local bodies had to be disqualified for defection and in 2019, 14 members were disqualified.
The period of disqualification of some members is such that they wouldn’t be able to contest in 2020 local body elections and 2025 elections. A member who was disqualified in 2014 won’t be able to contest elections even this year as the period of disqualification would end only two days after the final date for submission of nomination forms.
Thiruvananthapuram had reported 13 cases of disqualification for defection while Varkala municipality recorded the highest number of members to be disqualified.
Five members, including the former chairperson of Varkala municipality, were barred from contesting elections for six years in 2015 after they violated the whip of Congress party.
Similar to legal tussles pertaining to reservation of wards and reservation of head positions in local bodies, disqualification of members has always led to writ petitions.
Some of the members obtain stay order from court and cite this as a reason to contest in local body elections. However, the poll panel has specifically directed returning officers to scrutinise the stay order carefully.
“The stay order always comes with a set of conditions. It may not cancel the disqualification but will only lay down conditions for execution. A stay order hence requires careful scrutiny with regard to conditions. Returning officers will study the conditions of stay order and in absence of specific directive cancelling the disqualification, nominations will not be accepted from members who have been disqualified under anti-defection act,” said an official.
There had been rare instances in the past when even disqualified members would cite stay order from court to contest in election. The election commission is keen on avoiding such cases this year.