A.ASHOK ANAND Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) Petitioner who has been disqualified from being a Member of the Puducherry Legislative Assembly from the date of conviction dated 30.10.2018, passed by the learned Special Judge for Prevention of Corruption Act, 1988 (Principal District and Sessions Judge), Puducherry, made in Special C.C.No.1 of 2008 under Sections 13(1)(e) read with 13(2) of the Prevention of Corruption Act, 1988 read with Section 109 of Indian Penal Code under Section 8(1) of the Representation of People's Act, 1951, vide notification No.5154/2018/LA(Legn), dated 08.11.2018, issued by the Secretary to the Government, Legislative Assembly, Puducherry, has filed W.P.No.452 of 2019, on the following grounds:-

(2.) Notification dated 08.11.2018 disqualifying the petitioner, reads thus:-

(3.) Pending disposal of the W.P.No.452 of 2019 in W.M.P.No.474 of 2019, petitioner has sought for an interim injunction, restraining the respondents, their men, agents and subordinates or any one acting on their behalf, from holding bye-election to No.9-Thattanchavady Assembly Constituency in Puducherry by declaring the seat as vacant in pursuant to the order passed by the respondents 5 and 6 by publication in the Gazette of Puducherry, Part-1 Extraordinary No.156 dated 8th November 2018, under Section 8 of the Representation of People Act, 1951 (Act 43 of 1951) read with sub-clause (e) of clause (1) of Article 102 of the Constitution of India read with section 14(1) of the Government of Union Territories Act, 1963 disqualifying the petitioner from being a member of the Puducherry Legislative Assembly from the date of conviction i.e.30th October 2018, in Spl. C.C.No.1/2008 on the file of the learned Special Judge for Prevention of Corruption Act, 1988 (Principal District and Session Judge), Puducherry till the disposal of the writ petition.