VARGHESE Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) Discipline decides destiny. This principle aptly applies to the democratically elected representatives of the people going for acrobatic exercises for power, position, money etc. betraying the democratic values. Disciplined democracy, though appear to be a contradiction in terms, is the need of the hour. There is no democracy without democratically disciplined conduct of the people and their representatives. Discipline is derived from the word 'Disciple', a person who believes in and follows a religious or political leader or philosophy. Loyalty is the hallmark of a disciple. Infidelity to the party is infidelity to the people. Restoration and restatement of democratic values seem to be the object behind enacting anti defection laws. Etymologically the word "democracy" has Greek origin, derived from two Greek words, 'demos' meaning people and 'kratos' meaning rule, strength. In Greece the reference to democracy is to the middle of the 5th/4th century BC, in Athens. However, democracy and democratic institutions have their roots in ancient India right from Vedic age (Circa 3000 -1000 BC). 'Sabha' and 'Samiti' are two such democratic institutions referred at several places in Rigveda. Grama Panchayat was the cradle of domestic democracy. 'Panchayat' literally means 'Council of Five'. That too has its origin in ancient India. A village council of the residents of the village consisting of the elders known as Panchayat or Gramsangha performed administrative and judicial functions in the villages. Sometimes such Panchayats or Gramsanghas were manned by elected representatives also. There are references to Gramsanghas in Manusmriti, Kautilya's Arthashastra and Mahabharata. Valmiki's Ramayana speaks of the Ganapada, a federation of village republics. The membership in Ganapada was restricted to those persons who were committed to the general welfare of the people. It is pertinent and interesting to note that membership was specifically denied to 'durjana', people who are not interested in the welfare of others and people who do not possess good qualities in life. Thus it can be seen that the village panchayats manned by 'sajjana' had an unbroken continuity in India throughout her long history and that is the source and basis of democracy in this country. Democracy thus became one of the basic features of Indian constitution. The history of Indian democracy down from the Vedic ages would show that it was value based only. But whether in the present history are we in a position to be proud of such ethos and sacred and noble values in our democratic institutions What is the role of the court as protector of the principles of democracy These are some of the thoughts serving in the background while analysing the facts and law involved in the present case.

(2.) Appellants are the writ petitioners. They challenged Ext.P4 order dated 16-5-2009 passed by the Kerala State Election Commission under the provisions of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 on the ground that they had voluntarily given up their membership of the political party under whose banner they were elected as members of the Adoor Municipal Council. The learned single Judge dismissed the writ petitions and hence the writ appeals.

(3.) Short facts: The second respondent in the writ petition approached the Election Commission in O.P. Nos. 77 and 78 of 2008 in order to disqualify the writ petitioners. The writ petitioners and the second respondent were elected to the Adoor Municipal Council during September, 2005. All the three were the official candidates of Indian National Congress, one of the constituents of United Democratic Front. The second respondent was elected as the Chair Person and one Sri. Tharayil Sasi, another member of the same political party, was elected as the Deputy Chairman. The rival political parties belonging to the Left Democratic Front moved a No Confidence Motion against the Chair Person, the second respondent. In the meeting convened for discussing the No Confidence Motion on 21-4-2008 the writ petitioners and Sri. Tharayil Sasi supported the motion. Thus, on the strength of the votes of the writ petitioners and the said Sasi, the motion was carried and the second respondent was unseated.