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Observing that the anti-defection law has not been able to curb defection effectively, the Kerala High Court on Monday suggested imposition of stringent financial penalties for defection. Justice Bechu Kurian Thomas made the observation while allowing a writ petition filed by the two members of Thodupuzha municipal council seeking to disqualify Mathew Joseph, another member, for defecting from the Kerala Congress to the Kerala Congress (M).
The court further observed that defections by elected representatives were a bane of Indian democracy and that despite the anti-defection law, unscrupulous persons indulged in it. Once an elected representative was disqualified due to defection, the burden on the exchequer was immense due to the inevitable byelections. However, the person responsible for such nefarious activity was not affected seriously under the existing law.
Unless monetary pinch was felt by the defector, the evil act sought to be remedied by the anti-defection law would continue. As it was a matter that required legislative exercise, the court fervently hoped that the legislature would bestow its consideration earnestly on the issue.
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