The absence of provisions prohibiting a convicted person from canvassing for another candidate and the requirement for concrete evidence of such canvassing activities.

S. MANIKUMAR, J.

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.

4. According to the petitioner, though the Police Department and Election Commission are watching all the activities of Balakrishna Reddy, they have miserably failed to take any action and that the people of the constituency hardly know about the present candidate, i.e. wife of the convict. It is alleged that taking advantage of the innocence of the general public, Mr. Balakrishna Reddy, is misleading the Public. It is stated that active campaigning and active participating of the convicted person, seeking mandate for his wife, giving a unhealthy signal to the process of electioneering and affects the purity of the election process.

5. The petitioner has further submitted that if the high handed action of the 5th respondent is not restrained, it would care great loss and hardship to the general public. On the other hand, there would be no loss or injury caused to the official respondents, if a convicted accused is restrained from misleading the poor and illiterate public, to exercise his/her franchise in a free and fair election. Since the 5th respondent is carrying out his improper and illegal activities with the blessings of the ruling party, none of the respondents are paying any heed to curtail the same. Therefore, without any alternative, the petitioner has prayed for the relief, as stated supra.

6. On the above averments, Mr. N.G.R. Prasad, learned counsel for the petitioner made submissions. He further submitted that as long as the conviction stands, the 5th respondent cannot canvass in the elections, as if, he is the candidate. He invited the attention of this Court to few photographs, enclosed in the typed set of papers, w