K.R JAYAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Former President of the United States of America, Mr.Abraham Lincoln, decades back, narrated democracy in beautiful words like this: "Democracy is the government of the people, by the people and for the people". India is one of the biggest democratic countries in the world. Therefore, every action of the citizens of our country should be to promote democratic principles and if a person goes against the same, people will show his way out in the next election through their ballot paper.

(2.) 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. 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.

(3.) Petitioners are accused in Crime No.64/2025 of Koothattukulam Police Station. The above case is registered against the petitioners alleging offences punishable under Ss. 115(2), 126, 74, 76, 189, 191 and 190 of the Bharatiya Nyaya Sanhita (for short, BNS). The crux of the prosecution case is as follows: The defacto complainant is one of the 13 Left Democratic Front (for short, LDF) Councillors of Koothattukulam Nagara Sabha. The opposition moved a noconfidence motion. When the de facto complainant reached the Nagara Sabha Office to attend the no-confidence motion moved by the United Democratic Front (for short, 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 is also alleged that the accused persons pulled her saree and thereby outraged her modesty.