In a significant ruling, the Kerala High Court has emphasized that elected representatives intending to change their political affiliation must resign and seek a fresh mandate from the electorate. This decision underscores the importance of upholding the democratic process and respecting the will of the people.
Key Observations by the Court
1. Adherence to Democratic Principles: The court Stated,
"If the elected representative wants to change his policy or political affiliation, he has to resign and face the mandate of the people again."
This highlights the necessity for elected officials to honor their commitment to the electorate.
2. Condemnation of Unilateral Actions: The Court remarked,
"Otherwise, it will be a unilateral withdrawal from the bond executed with the people by the elected representative. It will be an insult to the will of the people."
This statement condemns any unilateral actions by representatives that disregard the electorate's will.
3. Emphasis on Democratic Processes: The Court observed,
The proper manner by which a person is to be defeated in a democratic set-up is through the ballot papers and not by using weapons or by committing vandalism."
This underscores the importance of peaceful and democratic means in political processes.
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Case Background
The Court's observations were made while granting bail to five individuals accused of assaulting a lady councillor of Koothattukulam Nagara Sabha. The councillor, Kala Raju, an LDF member, was allegedly abducted by her own party members on January 18 over her decision to vote in favor of a no-confidence motion moved by the UDF. The assault case was registered against UDF members at the instance of LDF workers as a counter-blast.
Justice P.V. Kunhikrishnan observed that both the LDF and UDF were attempting to take the law into their own hands, instead of approaching the people in a democratic manner. The Court emphasized that representatives are elected by the people in a democratic manner and if such elected representatives change their political affiliation, they must face the people's verdict in the next election. The Court stated that elected representatives who change their political affiliation should not be attacked physically and must face the will of the people through ballot papers in the next election.
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"The beauty of democracy lies in the people's power to support or defeat a representative through the ballot papers."
"Elected representatives must honor their commitment to the electorate and seek a fresh mandate if they wish to change their political affiliation."
"Democratic processes should be upheld, and any change in political affiliation should be pursued through peaceful and democratic means."
"The Court's ruling emphasizes the importance of respecting the will of the people and upholding democratic principles."
"Elected representatives should not act arbitrarily and must adhere to the principles of democracy and the will of the electorate."
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"The Court's decision underscores the necessity for elected officials to honor their commitment to the electorate and seek a fresh mandate if they wish to change their political affiliation."
The Kerala High Court's ruling reinforces the principle that elected representatives must honor their commitment to the electorate. Any change in political affiliation should be pursued through democratic means, ensuring that the will of the people is respected and upheld.
