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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T'gana RTC strike: Talks between govt, employees successful
Hyderabad (PTI): Talks between employees of Telangana State Road Transport Corporation (RTC) who were on strike and the state government concluded successfully on Friday as the government agreed to the key demands of the workmen.
Following a day-long marathon of talks between the leaders of the employees' Joint Action Committee (JAC) and the cabinet sub-committee, the government announced after midnight that it acceded to the demands, including a merger of RTC with the government, 11 per cent pay revision and elections to the employees' unions.
A committee comprising officials and employee leaders would be appointed over the merger of RTC with the government, it said.
The RTC management has also agreed to address the remaining issues as well, an official release said.
The employees would call off their strike and the RTC buses would hit the roads shortly, it said.
The employees had been on an indefinite strike since April 22 over a series of demands, including the merger of RTC with the government.
Earlier in the day, a driver of the RTC, who attempted suicide on April 23 during the strike, died at a hospital here in the early hours of Friday.
Shankar Goud, a 55-year-old driver, set himself ablaze by pouring petrol at Narsampet in Warangal district when the employees were staging a protest on Thursday in support of their demands.
Goud suffered serious burns, was initially admitted to a state-run hospital in Warangal, and later shifted to a super-speciality hospital in Hyderabad for advanced treatment.
"He succumbed (to injuries) at about 1.30 am on Friday," a senior official said.
The driver’s body was taken to his relative’s village, Muttojipet in Warangal district, for funeral rites.
Tension prevailed in Muttojipet as his family members and RTC employees attempted to take the body to the Narsampet bus station, where he worked, to enable his colleagues to pay their last respects. However, police did not permit this, citing law-and-order concerns.
This led to a deadlock before the funeral could proceed.
Union Minister Bandi Sanjay Kumar criticised the Telangana government for not allowing the body to be taken to the Narsampet bus station.
Kumar, Minister of State (Home), visited Muttojipet village in Warangal district, where the funeral was held, and paid homage to Goud.
“They (family members) want to take the body to the bus depot for five minutes. Is the RTC bus depot in Pakistan or Bangladesh? They are emotionally attached to taking the body there. The government is hurting sentiments and creating fear among RTC employees,” Kumar told reporters.
He also expressed anger at the police for not allowing the body to be taken to the bus station and staged a protest, according to a release from his office.
RTC employees and BJP workers attempted to take the mortal remains in an ambulance to Narsampet, but were stopped by the police.
Later, after discussions with the police, the family members and RTC employees agreed to conduct the funeral in the village.
Sanjay Kumar, stating he would abide by the family’s decision, left the village after the funeral was conducted there.
Transport Minister Ponnam Prabhakar said an ex gratia of Rs 10 lakh, a house, and a government job would be provided to the kin of Goud.
Chief Minister A Revanth Reddy expressed shock over the employee’s death and conveyed deep condolences to the grieving family, according to the release.
The RTC employees’ JAC had earlier announced an agitation programme from April 24 to 29, including silent marches and submission of memorandums to MLAs and other leaders.
