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P. V. KUNHIKRISHNAN
Sanitha Saji, D/o. Saji – Appellant
Versus
Salimkumar, S/o. Thankappan – Respondent
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
The main legal point established in the judgment is the fundamental principle of democracy that elected representatives must represent the will of the electorate and cannot change their stand against....
The interim order granting stay on disqualification under the Kerala Local Authorities (Prohibition of Defection) Act impacts democratic processes and is subject to appellate review.
When a member stood for the election to contest against a candidate of his own coalition, it can be deemed that the member has voluntarily given up his membership of the political party.
Election - Disqualification on ground of defection - Petitioner has violated the whip and invited the impugned order. Violation alleged in terms of Section 4 with regard to 24 hours as held by this C....
Service of a political party whip is deemed effective under the General Clauses Act when properly addressed and posted, presuming the recipient's awareness of its contents.
The decision of the State Election Commission regarding disqualifications under the Defection Act is final, and interim orders that allow contesting elections despite such disqualifications are not s....
Once a member attracts disqualification under the Kerala Local Authorities (Prohibition of Defection) Act, 1999, they are disqualified from continuing as a member, irrespective of subsequent election....
There can be many inferences for voluntarily giving up the membership even if one has not resigned; the case at hand is one where the petitioners have all resigned, therefore, no inference need be dr....
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