Back
2019 Supreme(Mad) 1485
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Subbiah, Krishnan Ramasamy, JJ.
Ashok Anand - Appellant
Versus
The Secretary, Ministry of Home Affairs, Government of India, New Delhi & Others - Respondent
W.P. No. 452 of 2019 & W.M.P. Nos. 471, 474 & 475 of 2019
Decided On : 25-03-2019
For the Petitioner:J. Raja Kalifulla, Senior Counsel for M.S. Govindarajan, Advocate. For the Respondents:S.S. Pajaniradja, CGSC, Niranjan Rajagopalan for M/s. G.R. Associates, Advocates, AR.L. Sundaresan, Senior Counsel for D. Ravichandran, Addl.G.P. (Puducherry), A. Gandhiraj, Govt. Pleader (Puducherry), K. Srinivasan, Spl.P.P. (CBI).
Headnote:
Territories Act, 1963 - Section 14 - Constitution of India - Article 226 - People Act, 1951 - Section 7 - Perquisites, salary – Jurisdiction - Praying for issuance of a Writ of Certiorariafied - Case of petitioner is that he is a native of Pondicherry - He had completed B.E. Degree and was engaged in business activities besides running a Residential School in Prayer Village in where more than students are studying - He was elected as a Member of Pondicherry Legislative Assembly in General Election held in That Assembly Constituency - He was again re-elected from same Constituency in General Election held in - He was sworn in as a Member of Legislative Assembly by fifth respondent and he was discharging his duties as such – Held, At this juncture it is brought to notice of this Court by learned Senior Counsel appearing for petitioner that during pendency of present Writ Petition petitioner has made a representation Lieutenant Governor of Pondicherry regarding his disqualification pursuant to his conviction by the Criminal Court and prayed to defer the holding of bye-election Legislative Assembly Constituency - It is further stated that said representation was forwarded by the Lieutenant Governor of Puducherry to the President of India - It is also stated that petitioner has also filed W.P.No.8110 of 2019 before this Court to prohibit the Election Commission of India from notifying the bye-election to the said Constituency said Writ Petition was dismissed by this Court - Therefore also, we are not inclined to grant the relief sought for by petitioner in this writ petition - As regards the publication of notification by fifth respondent, which is impugned in this writ petition learned Senior counsel for petitioner would contend that fifth respondent is not competent to issue such notification inasmuch as Government or Union Territory represented by Secretary to Government alone is competent to issue such notification by virtue of Section 7 of Representation of People Act, 1951 - Court are not impressed by such argument advanced on behalf of the petitioner - Speaker of Legislative Assembly/fifth respondent in this case had only issued the notification in question to inform electors and other persons concerned that Assembly Constituency is lying vacant due to disqualification suffered by petitioner, but by virtue of such notification, the petitioner was not disqualified by fifth respondent - Therefore, when notification in question does not disqualify petitioner rather it informs general public and others about disqualification suffered by petitioner by operation of law, and therefore notification will not get vitiated merely because it was issued by Speaker of Legislative Assembly – Petition dismissed
JUDGMENT :
R. Subbiah, J.
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorariafied Mandamus to call for the records from the respondents 5 and 6, insofar as it relates to the order passed by them by publication in The Gazette of Puducherry, Part-1 Extraordinary No.156, dated 8th November 2018, under Section 8 of the Representation of the 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, 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 and quash the said order as wholly without jurisdiction, null and void and direct the respondents to restore the petitioner’s Membership of the Puducherry Legislative Assembly with all privileges, perquisites, salary, continuity of service as member of The Puducherry Assembly Constituency till his period of Election with all service and monetary benefits, privileges and facilities as applicable to the elected Member of the Puducherry Legislative Assembly.)
1. The petitioner has filed the above Writ Petition praying for issuance of a Writ of Certiorariafied Mandamus to call for the records from the respondents 5 and 6, insofar as it relates to the order passed by them published in The Gazette of Puducherry, Part-1 Extraordinary No.156, dated 8th November 2018, under Section 8 of the Representation of the 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 him from being a Member of the Puducherry Legislative Assembly from the date of conviction, i.e. 30th October 2018, 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 and quash the said order as wholly without jurisdiction, null and void and direct the respondents to restore the petitioner’s Membership of the Puducherry Legislative Assembly with all privileges, perquisites, salary, continuity of service as member of The Puducherry Assembly Constituency till his period of Election with all service and monetary benefits, privileges and facilities as applicable to the elected Member of the Puducherry Legislative Assembly.
2. The case of the petitioner is that he is a native of Puducherry. He had completed B.E. Degree and was engaged in business activities besides running a Residential School in Poraiyur Village, Villianur in Pudhcerry, where more than 6400 students are studying. He was elected as a Member of Puducherry Legislative Assembly in the General Election held in May 2011 from No.9, Thattanchavady Assembly Constituency. He was again re-elected from the same Constituency in the General Election held in May 2016. He was sworn in as a Member of Legislative Assembly (MLA) by the fifth respondent and he was discharging his duties as such. His tenure as a Member is to expire during May 2021 or until the Legislative Assembly is dissolved earlier by any other reason.
3. In the year 2006, long before the petitioner became MLA, the Deputy Superintendent of Police, CBI : SPE : ACB, Chennai, registered a first information report against the petitioner’s father Mr. Anandane, who was employed as Superintending Engineer, Puducherry, alleging possession of assets disproportionate to his known source of income in his name and in the name of his family members. After enquiry, a charge sheet was laid before the Special Judge (under Prevention of Corruption Act) and Principal Sessions Judge, Puducherry, against his father Mr. Anandane (first accused) for the alleged off
