Ernakulam: The Kerala High Court has said that if an elected representative wants to change his policy or political affiliation, he has to resign and face the mandate of the people again.
Justice PV Kunhikrishnan said this while hearing a bail plea filed by five persons accused of assaulting a Left Democratic Front (LDF) woman councillor.
Representatives elected in a democratic manner represent will of people elected: High Court
“The representatives elected in a democratic manner represent the will of the people elected. It includes the will of the political affiliation of the people who elected the representative. In other words, it is a bond between the people and the elected representative. 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,” Justice Kunhikrishnan said.
“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. 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,” Justice Kunhikrishnan added.
What was the prosecution case?
As per the prosecution, the defacto complainant is one of the 13 LDF councillors of Koothattukulam Nagara Sabha. The opposition moved a no-confidence motion. When the de facto complainant reached the Nagara Sabha office to attend the no-confidence motion moved by the United Democratic Front (UDF), the petitioners and a few other identifiable persons assaulted her and thus she sustained an injury on her knee and pain in her abdomen. It has also been alleged that the accused persons pulled her saree and thereby outraged her modesty.
What did the petitioners submit?
The counsel representing the accused submitted Koothattukulam Nagara Sabha has 25 councillors in which 13 are from LDF, 11 are from United Democratic Front (UDF) and 1 is independent. The independent councillor is supporting UDF and thus the Nagara Sabha is led by LDF with the majority of one seat; i.e., at 13:12.
It was submitted before the court that one of the LDF councillors, Kala Raju, decided to vote in favour of the no-confidence motion being moved by UDF and in that case, it will be a 13:12 situation in favour of the UDF and the LDF will lose the right to govern the Nagara Sabha. Knowing this, the LDF people, on January 18, forcefully abducted Kala Raju and prevented her from voting. The counsel further said that this present case was filed to escape from this case and a counter-blast FIR was registered against the UDF workers at the instance of LDF workers.
Person in a democratic set-up to be defeated through ballot papers and by using weapons: High Court
The High Court further said the democracy in our 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.
“In this case, both sides are trying to take the law into their own hands instead of approaching the people in a democratic manner. 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,” the High Court said while granting bail to the five accused.
