The Hindu : Tamil Nadu / Chennai News : “Pass orders if fresh plea is made against person convicted of poll malpractices”

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“Pass orders if fresh plea is made against person convicted of poll malpractices”

Special Correspondent

Madras High Court directive to Chief Electoral Officer

During Thondamuthur by-poll there were large-scale malpractices
Krishnamoorthy, found distributing bribes, was convicted

CHENNAI: The Madras High Court has directed the Chief Electoral Officer (CEO) to pass appropriate orders if a fresh representation is received seeking removal of the name of a person convicted of election-related malpractices in the Thondamuthur Assembly by-election in September 2009.

PIL petition

The court passed the order on a public interest litigation petition filed by M. Loganathan of Coimbatore, an advocate and State secretary of the students wing of the Kongu Munnetra Kazhagam, a registered party.

In the petition filed through counsel M. Christopher, the petitioner stated that during the by-election in Thondamuthur there were large-scale malpractices such as bribing, false voting, booth capturing etc.

The Congress candidate was declared elected.

Mr. Loganathan said that Krishnamoorthy, belonging to the DMK, was found distributing bribes.

The incident was reported to the police.

The Saravanampatti police registered a case and filed charge sheet. In August last year, Krishnamoorthy was convicted under section 171 E (offence relating to elections – punishment for bribery) IPC and sentenced to pay fine of Rs.2000. He paid the fine.

The petitioner said that as per law, any person convicted for an offence under section 171 E IPC should be disqualified from voting for six years. This was intended to curb malpractice. Krishnamoorthy was not a resident of Saravanampatti village but belonged to Keelamaligai in Perambalur district.

The petitioner said that he had sent a representation to the CEO in December last seeking to remove Krishnamoorthy's name from electoral rolls. When the rolls were published in January, Krishnamoorthy's name was found in Kunnam Assembly constituency in Perambalur district.

Hence the present petition seeking direction to consider the representation and take action.

Disposing of the petition, the First Bench, comprising Chief Justice M.Y. Eqbal and Justice T.S. Sivagnanam, directed the petitioner to file a fresh representation with the CEO with a copy marked to the District Election Officer and District Collector, Perambalur, along with a copy of the court order.

If such a representation is filed, then either the CEO or the Collector should consider the representation after giving opportunity to Krishnamoorthy and pass appropriate orders within two weeks from the date of receipt of the representation.

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