He asks why they cannot be booked under ‘cheating’ clause for switching parties.
An Assam-based activist has written to Chief Justice of India N. V. Ramana asking why MPs and MLAs cannot be booked under Section 420 of the Indian Penal Code for cheating people who voted for them.
The elected representatives betray the voters of a constituency by switching over to a political party different from the one they are elected for, said Satya Ranjan Borah of Kutumba Surakshya Mission in his letter on September 21.
“It has become common nowadays for political leaders to change their parties just after being elected, whether it is panchayat and municipality, State Assembly and Lok Sabha elections and even Rajya Sabha elections,” Mr. Borah wrote.
“If any individual can be punished under Section 420 for cheating or misleading another individual, why should we give an open platform for these cheats who have cheated not an individual but the people of this nation,” he said.
Mr. Borah pointed out that everyone had the right to join any political party but betraying the people and their valued votes was tantamount to defaming the Constitution and the country’s democracy, besides playing with the faith and belief of the electors.
He also requested the CJI to ensure certain restrictions are imposed on elected representatives, such as preventing them from joining any other political party for four years after the date of winning an election and a ten-year ban on contesting any kind of election after defection.
Mr. Borah hoped the “nyaymurti of the nation” would consider his request according to the constitutional duty provided to him under Article 51(A) of the Constitution of India.
“We are looking forward with the hope and faith that your highness will look into this matter for the sake of the democracy and the choice of the voters,” he said.
Two Congress MLAs – Rupjyoti Kurmi and Sushanta Borgohain – joined the BJP soon after being elected in May this year. All India United Democratic Front MLA Phanidhar Talukdar also joined the BJP less than a month ago.
