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In a democratic setup, elected representatives who have lost majority cannot be allowed to hold power for even a second – Allahabad High Court

The Hon’ble High Court of Allahabad in Tripti Rani V. State of UP and Ors (R) held that in a democratic setup, where the right to govern is on the will of the people the elected representative who has lost majority cannot be permitted to hold office.

It was observed by the Hon’ble Court that “Democracy is a system of government in which a country’s political leaders are chosen by the people in regular, free, and fair elections. In a democracy, people have a choice between different candidates and parties who want the power to govern. The people are sovereign. They are the highest authority and government is based on the will of the people. Elected representatives at the national and local levels must listen to the people and be responsive to their needs. Thus, the voters have right to elect their representatives and also criticize and replace them if they do not perform well.”

The division bench comprising of Hon’ble Justices Shashi Kant Gupta and Justice Piyush Agarwal while examining the legal question as to whether the meeting for consideration of a no-confidence motion cannot be convened on being in violation of the Disaster Management Act, the court observed that “In view of the above inherent political philosophy and principle, the provision for bringing a no confidence motion for removing the representatives, has been introduced in the present Act of 1961. The Will of people is supreme. It cannot be lightly interfered with. Under no circumstance can the will of the people be permitted to be frustrated. In a democratic set up where right to govern depends on the will of the people, the person who has lost the majority cannot be permitted to hold office. If a representative no longer enjoys the confidence of the people, elected representatives have a right to remove him and he cannot be permitted to remain in power even for a second and has to be immediately replaced by a newly elected representative.”

 

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