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2024 Supreme(Ker) 71

P. V. KUNHIKRISHNAN
Sanitha Saji, D/o. Saji – Appellant
Versus
Salimkumar, S/o. Thankappan – Respondent


Advocates Appeared:
For the Petitioner: Liji J. Vadakedom, Athul V. Vadakkedom, Rexy Elizabeth Thomas, Tom E. Jacob..
For the Respondent: Aswini Sankar R.S., Deepu Lal Mohan, P. Yadhu Kumar, K.R. Prathish, Megha S., Pramoj Abraham, K.A. Anish, Saranya Chandran.

JUDGMENT :

An elected representative of a constituency has to represent the will of the electorate of that constituency. He is the representative of the electorate and once he is elected under the banner of a particular political party or political alliance or with an independent status, he cannot change his stand against that political party or that political alliance or his independent status without getting a fresh mandate from the electorate is the fundamental principle of democracy. The elected representative should be the voice of the people of his constituency and he cannot go against the will of his electorate according to his whims and fancies and if this is followed by our elected representatives, that will be an era noted in golden letters in our democracy. Nowadays, there is a tendency to forget this golden rule of democracy by our elected members. That is not only defection but amounts to corruption in democracy. That is the behavior of Chameleons and not that of an elected member of democracy.

2. To caution such elected members, the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (for short, Act 1999) was enacted by the legislature. This is an Act to prohi

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