In Kerala, an elected member of a local government who votes against their political party’s interests can be disqualified under the state’s anti-defection law.
The Kerala High Court, in V V Varghese v. Kerala State Election Commission [2009:KER:21461], clarified this principle. The court distinguished between a “conscience vote,” which may be permitted by an express party whip, and a “conscious vote,” which must align with party policy.
Under Section 3(1)(a) of the Kerala Local Authorities (Prohibition of Defection) Act, 1999, when a member elected under a party’s banner votes for a rival party’s candidate, it is legally interpreted as an act of voluntarily giving up membership of their original party. This act of disloyalty, even without a formal resignation, triggers the anti-defection provision.
Upon receiving a complaint, the Kerala State Election Commission is empowered to investigate the matter. If it finds that the member voted against their party’s interests without authorization, it can disqualify the member from their elected position.
