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2019 Supreme(Mad) 1485

R.SUBBIAH, KRISHNAN RAMASAMY
Ashok Anand – Appellant
Versus
Secretary, Ministry of Home Affairs, Government of India, New Delhi – Respondent


Advocates Appeared:
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).

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

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