Chennai, Mar 2 (UNI) The principal Opposition AIADMK has petitioned Tamil Nadu Assembly Speaker M Appavu seeking to declare as vacant, the Tirukkovilur Assembly seat held by senior DMK leader and former Higher Education Minister K.Ponmudy in the wake of his disqualification under the Representation of People's Act (RPA) after he was convicted in a disproportionate assets case and awarded three year jail term.
Following his conviction and the three-year jail term awarded by the Madras High Court in December last year, Mr Ponmudy stands automatically disqualified under the RPA.
Though the AIADMK sources, citing Supreme Court orders, said the seat has automatically fell vacant following the ex-Minister's conviction, it was yet to be declared as vacant.
The AIADMK's plea comes in the wake of the Tamil Nadu Legislative Assembly Secretariat declaring the Vilavancode seat in Kanniyakumari district as vacant following the resignation of three-time Congress MLA Ms.S.Vijayadharani who had quit the party and joined the BJP last week.
She had resigned as MLA after the Congress high command had expelled her from the primary membership of the party and the State Congress petitioning the Speaker demanding action against her under the Anti-defection law. Her resignation was subsequently accepted by the Speaker and the
seat held by her was declared vacant.
The AIADMK contended that since Mr Ponmudy no longer continued as a Minister following his conviction, the seat represented by the DMK's Villuppuram strongman should be declared vacant.
In its plea to Mr Appavu, the AIADMK contended that though Section 8(4) of the RPA, 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.
AIADMK MLA 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 the sentence are stayed, they (those disqualified) could continue as an MLA.
But in the case of Mr Ponmudy, only the sentence has been suspended but the conviction has not been stayed,” he pointed out.
The AIADMK also enclosed a copy of the Lily Thomas vs. Union of India case along with its plea to the Speaker.
Mr. Thalavaisundaram said they were informed that in Mr. Ponmudy’s case, the court order has not yet come.
Mr Ponmudy has filed an appeal in the Supreme Court challenging the High Court order.
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