The AIADMK has submitted a representation to Tamil Nadu Assembly Speaker M Appavu seeking to declare as vacant the Tirukkoyilur Assembly constituency, which was held by former Minister K. Ponmudy until his disqualification under the Representation of People Act. The Madras High Court had in December last year convicted him in a disproportionate assets case and sentenced him to three years imprisonment.
The representation pointed out that though Section 8(4) of the Representation of the People Act, 1951 provided that such disqualification does not take effect till the appeal filed by the disqualified member was heard, it was declared as illegal by the Supreme Court in the Lily Thomas Vs. Union of India case.
Speaking to reporters, AIADMK legislator N. Thalavaisundaram said though Mr. Ponmudy has been disqualified, his constituency has not been declared as vacant. “It is the duty of the Speaker. Only if the conviction and and sentence are stayed, they [those disqualified] could continue as an MLA. [In Mr. Ponmudy’s case], only sentence has been suspended but the conviction has not been stayed,” he pointed out.
The AIADMK had enclosed a copy of the Lily Thomas vs. Union of India case with its representation and submitted it to the Speaker.
Mr. Thalavaisundaram said they were informed that in Mr. Ponmudy’s case, the court order copy has not come in as yet.
