Consider barring convicts from canvassing\, HC tells EC

Lok Sabha Election 201

Consider barring convicts from canvassing, HC tells EC

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Says current laws and the model code of conduct lack provisions for such cases

In a significant order, the Madras High Court on Thursday asked Election Commission (EC) to consider whether any laws or rules should be put in place to prevent those who had been disqualified from holding the post of a legislator on account of their conviction in criminal cases from obtaining seats for their close family members in the elections and canvassing for them.

Justices S. Manikumar and Subramonium Prasad left it to the wisdom of the EC to take a call on the issue and implement it in the future. The judges made the observation while dismissing a writ petition to prevent former Minister and disqualified legislator P. Balakrishna Reddy from canvassing votes for his wife contesting from the Hosur Assembly constituency.

The petition was dismissed on the sole ground that neither the Representation of the Peoples Act nor the model code of conduct prohibits a convict or a disqualified legislator from canvassing votes in favour of another candidate. They pointed out that Section 8 of the Act only provides for disqualification of a legislator on being convicted and sentenced for more than two years.

Riot of 1998

In so far as Reddy was concerned, he had to lose his ministership as well as the status of a legislator in January this year after being convicted and sentenced to three years of imprisonment in a 1998 rioting case.

However, there was no provision in the law that existed as on date to prevent such a legislator from canvassing in favour of other candidates in elections, the judges added. However, acceding to a request made by the writ petitioner’s counsel N.G.R. Prasad, the judges left it to the discretion of the EC to take a look into the general issue that had been raised by the petitioner for the elections to be conducted in the future.The writ petition had been filed by V. Pugazhendi of AMMK led by T.T.V. Dhinakaran.

According to the petitioner, the former Minister and disqualified legislator had managed to obtain a ticket for his wife from AIADMK and canvassed for votes by posing as if he was the official candidate.

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