KOCHI: The Kerala High Court observed that defection and disloyalty of an elected candidate are nothing but an antithesis and an alien concept to the democratic form of governance apart from being an immoral and unprincipled act.
"A candidate of a political party elected to any statutory institution shall always bear in mind that his political activities vis-a-vis his functions in the institution are regulated and guided by the laws of his party also, and his continuance as a member depends upon his continued unflinching loyalty to his party," observed the court.
A Division Bench comprising Chief Justice and Justice Shaji P Chaly issued the order while dismissing a petition filed by Varghese K V, chairman of Thiruvalla Municipality challenging his disqualification and barring him from contesting as a candidate in elections to any Local Self Government Institutions for a period of 6 years by the Election Commission. The Single Judge had upheld the order.
The issue relates to the failure of the petitioner to step down from the post of Chairman of Thiruvalla Municipality in spite of the direction issued by the District President of the Indian National Congress party under whose banner he was elected to the Municipal Council.
The Election Commission had found that the conduct of Varghese violating the directive of the party leadership by refusing to step down from the post of Chairman clearly demonstrated that he became disloyal to the party which elected him as councilor of Thiruvalla Municipality.
The Bench held that all elected candidates owing allegiance to their respective political groups are bound to subscribe to such views and translate it in the real spirit to sustain the coalition formed prior to the election, which is a significant facet of democracy, required to balance the activities of those in power and to make their governance citizen-friendly adhering strictly to Constitutional values.