Elected representative cannot go against will of electorate: Kerala HC on defection
Kochi, Feb 9: After getting elected by the people through a political party or political alliance, a person cannot change his stand against that political party or alliance without getting a fresh mandate from the electorate, the Kerala High Court has said, in a verdict that could have far-reaching implications.
The court made the observation while dismissing a petition connected with defection in one of the local self government bodies in Idukki district.
Justice P V Kunhikrishnan, in an order issued on February 5, said an elected representative should be the voice of the people of that constituency and cannot go against the will of the electorate and act according to his whims and fancies.
"After getting elected by the people through a political party or political alliance, a person cannot give up the political party and political alliance and act in accordance with his whims and fancies because the people elected him through a political party or political alliance.
"If he is an independent candidate, supported by a political party or political alliance, he is bound to follow the mandate of the electorate," the court said.
The court was hearing a matter in connection with a defection case from Adimali Grama Panchayat in Idukki district. The court was considering multiple petitions including a plea against condoning the delay in filing the election petition in that matter.
The court said that once a person is elected through the mandate of the electorate under the banner of a political party or political alliance, he must see that the intention of the electorate is spoken out by him in the council or other elected bodies.
The court, however, noted that this principle may not be applicable in a case where the candidate himself is an independent contestant without the backing of any political party or political alliance.
"Lord Acton, an English Catholic historian, politician, and writer said that, 'Power tends to corrupt, and absolute power corrupts absolutely'. The elected members of a democracy should hear these words before they do anything. Their remote control is the electorate which includes poor daily wage workers, sweepers etc," the court observed.
The court said the intention of the defection law itself is to see that the will of the people is exhibited by the elected member till he/she again faces a mandate from the electorate.
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Bengaluru: Four arrested for housebreaking, threats, extortion; fake PSI among accused
Bengaluru: Vidyaranyapura police have arrested four persons, including a man posing as a Police Sub-Inspector (PSI), for allegedly breaking into a house, threatening the occupants, and extorting money while wearing police uniforms.
The arrested accused have been identified as Mallikarjuna, Pramod, Vinay, and Hrithik.
Police said the accused had hatched a plan to pose as police personnel, conduct fake raids, and extort money from residents by intimidation.
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According to the police, Mallikarjuna had failed the PSI examination twice and later falsely projected himself as a PSI. He allegedly conducted photo shoots in his hometown, Siraguppa, wearing a police uniform, baton, cap, and shoes, claiming to be serving as a PSI in Bengaluru.
On December 7, the four accused allegedly went to the house of Naveen in the Vidyaranyapura limits, threatened him with a stick and an iron rod, and claimed they had information that he was selling ganja. Under the pretext of searching, they allegedly extorted ₹87,000 through bank transfer, ₹53,000 in cash kept in the house, and ₹2,000 from his wallet.
Following Naveen’s complaint, Vidyaranyapura police registered a case and launched an operation, leading to the arrest of all four accused. Police have seized ₹45,000 in cash and the car used to commit the crime.
Further investigation is underway.
