MARGAO: At a well-attended talk and interactive session organised by the National Confederation of Human Rights Organisations (NCHRO) on the topic ‘How defections can destroy parliamentary system’, key-note speaker, Advocate Cleofato Almeida Coutinho outlined the flaws with the anti-defection law and suggested what needs to be done to curb this menace.
At the function held on Republic Day, Adv Coutinho lamented about the menace of defections that have had huge ramifications in the country as well as Goa.
He also said those MLAs who resign from the House and get elected again in order to help a different political party form the State government should also be called defectors.
He recommended a rule be introduced wherein whenever an MLA resigns from the house, he/she is barred from contesting again for a fixed number of years or until the term of the house gets completed.
The senior advocate rued the trend of candidates jumping parties when denied tickets and said it shows they do not believe in the ideology of the party and how the recent defections are motivated by money and power alone. He said the Election Commission of India (ECI) should allow a party to give tickets to only a member who has been with it for long and that tickets should not become a purchasable commodity given that symbols have high value for candidates.
Adv Coutinho called for an end to the distinctions between ‘legislative party and political party’ and said when MLAs contest, they do so as a political party but when they go for mergers, they say legislative party. He felt this was flawed and that only the word ‘political party’ should be used as they don’t cease to exist post mergers.
Pointing out to the amount of time for the anti-defection law to come out and then the amendment that prevented defection arising out of ‘splits’, he said there is a requirement of a new amendment that prevents defections arising out of mergers to stops defections.
He also observed how presently only party leaders can challenge such mergers in the Court and not the voters, whose trust has been breached by the MLAs who have traded their membership to the House that was granted by the electorate.
He further emphasised that judicial role given to Speakers to decide on moves challenging mergers should be removed and that such matters should be decided by the Election Commission of India (ECI) and the orders given by the President of the Governor.
