In a potent observation, the Kerala High Court on Friday noted that if elected representatives want to change their political affiliation, they must resign and face the mandate of the people again.
“If the elected representative wants to change his policy or political affiliation, he has to resign and face the mandate of the people again. That is the moral side of democracy. 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. But the people can show their will to such a representative in the next election either by supporting him or by defeating him. That is the beauty of democracy,” it said.
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“But an elected representative going against the will of the people should not be confronted physically by attacking that representative. The people can show their power through their ballot papers,” it added.
The court made the observation while granting bail to five people accused of assaulting a lady councillor of Koothattukulam Nagara Sabha in the southern state.
LDF councilor Kala Raju was allegedly abducted by her own party members on January 18 over her decision to vote in favour of the no-confidence motion moved by the UDF.
Justice P V Kunhikrishnan observed that both the LDF and UDF are trying to take the law into their own hands instead of approaching the people in a democratic manner.
The High Court further said the democracy in the country is leading to conflict, disruptions and vandalism on the streets and 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.
“…As I mentioned earlier, a person who was elected with the support of LDF workers suddenly changed her political affiliation to another party forgetting the moral side of the democratic principles. In such a situation, there may be some embarrassment to the LDF workers. That may be the reason for these two crimes. Considering the facts and circumstances of this case, I think the petitioners can be released on bail,” Justice Kunhikrishnan said.
The allegation against the five petitioners is that they assaulted the de facto complainant when she reached the Nagara Sabha Office to attend the no-confidence motion and she sustained injuries. It is also alleged that the petitioners pulled her saree and outraged her modesty.
It is to be noted that Koothattukulam Nagara Sabha is now governed by LDF, with a majority of one seat, and if Kala Raju who is an LDF Councillor decides to vote in favour of the no-confidence motion moved by UDF, then the LDF lose their power. It was for this reason that Kala Raju was allegedly abducted by her own party workers.
It is stated that to escape from that crime, the present crime is registered at the instance of LDF workers.
