V PUGAZHENDI Vs. CHIEF SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) An independent candidate, contesting from 55. Hosur Assembly Constituency under the symbol of Gift Pack, allotted by the Chief Election Commissioner of India, New Delhi, 2nd respondent herein, has filed the instant writ petition, for a Mandamus, directing the respondents 1 to 4 herein to prohibit Mr.Balakrishna Reddy, 5th respondent herein, from participating and canvassing in favour of his Wife, Smt.Jothy, in the ensuing Assembly elections to be held on 18.04.2019 for Hosur Constituency.

(2.) The petitioner has submitted that in the ensuing Assembly elections, one Mrs.Jyothi, w/o. Mr.P.Balakrishna Reddy, residing at No. H-132, Avalapalli Hudco, Basthi Road, Hosur-635109, Krishnagiri District, Tamil Nadu, is contesting in the same Constituency, sponsored by the ruling party, as its candidate, under the symbol of Two Leaves. Mr.P.Balakrishna Reddy, husband of Mrs.Jyothi, was elected as MLA, in the last General Assembly Elections in the Tamil Nadu Legislative Assembly, but he was convicted under Sections 341, 147 of IPC and Section 3 of Tamil Nadu Property (Prevention of Damage & Loss Act 1992) by the Special Court, Chennai, constituted for hearing cases, instituted against MPs and MLAs and he was sentenced to undergo imprisonment for 3 years and with a fine of Rs.10,000/-. SLP Criminal Nos.1571 and 1572 of 2019, has been filed against the conviction, before the Hon'ble Supreme Court. The Hon'ble Supreme Court has exempted Mr.P.Balakrishna Reddy from surrendering. The Hon'ble Supreme Court has suspended the sentence imposed on the accused, Mr.P.Balakrishna Reddy, 5th respondent herein.

(3.) It is the further case of the petitioner that as per Section 8 of the Representation of Peoples Act 1951, an accused who has been already convicted for the Criminal offence shall not be permitted to contest in the elections. In order to defeat the process of law, the 5th respondent has made his wife, Mrs.Jyoti, to stand as a MLA Candidate, to contest from Hosur Assembly, from his own Party. Although the 5th respondent is not an official candidate from his Party, he is posing like the official candidate nominated from his party. He has been actively participating in the elections activities, commencing from filing of nomination and also in canvassing, along with his wife I Candidate.