Wednesday, August 11, 2010

”Is it possible to de-elect a MLA or MP”? of Telangana

To a question in one of the Telangana forums, ”Is it possible to de-elect a MLA or MP”? I want to put forward a thought.
Yes, we can de-elect any member elected by the people but has a complicated procedure. Every telangana person strongly believes that their fundamental rights have been abused by the politician, no matter from where they came (Andhra and Telangana). And this Telangana fight is for the rights which people think is possible with telangana state. The ideals of Anarchism has got into people and the activism has taken shapes of voilence in the form of naxalism in the past. The people are asking for a seperate state because they still feel there is still some hope if a state is formed. But the agents of statism (MLA's, MP's and ministers) are trying to supress the activists by holding to their posts and abusing the powers so that the activism would die.
Here is the thought....
The people of the constituency should represent and request for a writ "Quo Warranto" from the Supreme Court (The writ of quo warranto is issued against a person who claims or usurps a public office. Through this writ the court inquires 'by what authority' the person supports his or her claim) also the copies to be attached to president of India, Governor and the Election commissioner stating that the elected member is incapable of representing the people of the constituency and also abusing the power which is causing hindrance to people of their fundamental rights
1. The right to equality
2. The right to freedom
3. The right to freedom from exploitation
4. The right to freedom of religion
5. Cultural and educational rights
6. The right to constitutional remedies
7. The right to Education


Any one of the fundamental rights is enough to mention for example: right to freedom from exploitation or cultural and educational rights or right to equality...
But, in this case, people can ask the court to also protect their political fundamental right to elect a representative, but this is being abused by the sitting MLA by not vacating the seat. This representation can bring to the notice to everyone through major public rallies and mass signatures which should satisfy that the majority in the constituency feel the same. Supreme Court is the highest power of a democratic government to safeguard the fundamental rights of the people, which can direct the election commission to cancel his membership and issue orders questioning his authority to stay in public office. This would be a civil matter rather than criminal though abusing one’s fundamental right is criminal offence. If the people of Telangana can do this in every constituency, then state government would be in no position but to ask the president for presidential rule in which case the whole state assembly would be dissolved. The MLA's know that it is not as simple as it sounds and their position cannot be questioned for the next 5 years. This system has never happened in India but Telangana can become the first place if everyone thinks that the MLA / MP should be de-elected for protecting the fundamental rights of the individual and people of Telangana.

TelangaKnight (Melbourne)

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