KOTTAYAM: The Kerala Congress (M) faction led by Jose K. Mani may invite the provisions of the anti-defection law if C.F. Thomas MLA does not favour his group.
For a merger with another political party or for seceding from the parent party, two-thirds majority is essential to escape the provisions of the law. Even if a minority stay in the parent party, they will not face any issues of defection. The Election Commission's decision in determining the parent party will be crucial in this.
The anti-defection law says, "the merger of the original political party of a member of a House shall be deemed to have taken place if not less than two- thirds of the members of the legislature party concerned have agreed to such merger."
According to experts, either for merger or for secession, two-thirds majority is required. The sudden convening of the KC(M) state committee and the election of a new chairman were in violation of the norms. A petition should have been sent to the EC demanding to ask working chairman P.J. Joseph to convene the state committee. If that got delayed, they should have approached the HC which may have asked the EC to convene the state committee.The EC will decide whether the seceding faction has two-thirds majority in the legislature party and whether it is legally sustainable to violate the KC(M)constitution which reposes the authority to convene the state committee with its chairman or, in his absence, the working chairman.