Quick Summary: The Kerala High Court canceled a temporary order that allowed two disqualified city council members to run in upcoming elections. The court stressed that the State Election Commission's decision on disqualification is final.
In the Kerala High Court, Jomy Joseph challenged two requests made by Varghese Thomas and Raju Chacko. Both Thomas and Chacko were removed from their roles as city council members in Changanassery by the State Election Commission because they switched political parties.
The removal happened under the Kerala Local Authorities (Prohibition of Defection) Act, 1999. The State Election Commission's order, dated August 5, 2025, stated:
"The person is declared as disqualified from being a Councillor... and from running in any local elections for 6 years."
On November 13, 2025, a Single Judge issued a temporary order stopping the disqualification, allowing the council members to run in the elections. The judge noted:
"The petitioners have raised a point worth considering... this Court cannot deny the right of a citizen to take part in a democratic process."
Jomy Joseph challenged this temporary order. The court, led by Justices Anil K. Narendran and Muralee Krishna S., listened to arguments from both sides. The judges pointed out that the State Election Commission's decision is final and must be followed.
The court decided that the temporary order was not valid, stating:
"We find absolutely no reason to keep the temporary order... and the appeals are allowed by canceling the said temporary order."
This decision reinforces the power of the State Election Commission in disqualification matters, supporting the rules against political party switching.
