CHENNAI: A division bench of the Madras High Court has upheld an order dated November 8, 2018, of the Puduchery Assembly Speaker and Home Secretary disqualifying Ashok Anand from being an MLA. The bench upheld the disqualification order while dismissing a writ petition from Ashok Anand, on Monday.
The petitioner’s father Anandane, while working as a government servant, is alleged to have accumulated assets, which were disproportionate to his known sources of income in his name and in the names of his wife Vijayalakshmi and son Ashok Anand. A case was registered under Sec. 109 of the IPC read with Sec 13(2) and 13(1)(e) of the Prevention of Corruption Act.
A Special Judge for Prevention of Corruption Act, Puducherry, convicted Anandane and his son Ashok Anand and sentenced them to undergo one year rigorous imprisonment and to pay a fine of `1 lakh each.
The petitioner preferred an appeal and the same was pending before the High Court. He contended that the offence under Sec.109 of the IPC is a separate one, though punishable in the context of the other offence. His conviction is not under any of the provisions of the Prevention of Corruption Act and therefore, he cannot be disqualified, as contemplated under Article 102 of the Constitution, he added.
Citing various provisions in the Constitution, Representation of the People Act and connected Acts, the bench dismissed the petition. It was also brought to the notice of the bench that during the pendency of the present writ petition, the petitioner has made a representation to the Lieutenant Governor regarding his disqualification and prayed to defer the holding of bye-election to Thattanchavady Assembly constituency, from where he was elected. The representation was forwarded to the President of India.
The petitioner has also filed another writ petition to prohibit the Election Commission from notifying the bye-election to the said constituency and the same was dismissed on March 18 last.
Bypoll plea
The petitioner had filed another petition to prohibit the EC from notifying the bypoll to the said constituency and the same was dismissed on March 18 last