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Congress MLA's election quashed

J. Venkatesan

P. Veldurai represents Cheranmahadevi

New Delhi: Even as Congress MLA P. Veldurai is contesting from Radhapuram Assembly constituency in Wednesday's poll, the Supreme Court has set aside his 2006 election from Cheranmahadevi constituency.

A Bench of Justices J.M. Panchal and Gyan Sudha Misra, allowing an appeal filed by the defeated AIADMK candidate Manoj Pandian (now a Rajya Sabha MP), declared as null and void, the election of Mr. Veldurai on the ground that on the date of submission of nomination papers, the contracts entered into by him were in subsistence attracting disqualification under Section 9 A of the Representation of the People Act.

Section 9 A of the RP Act says, “A person shall be disqualified if, and for so long as, there subsists a contract entered into by him in the course of his trade or business with the appropriate government for the supply of goods to, or for the execution of any works undertaken by that government.”

The Bench held that the respondent, Mr. Veldurai having incurred disqualification under the provisions of Section 9A of the RP Act, “his election will have to be declared illegal, null and void.”

Rejects contention

Writing the judgment, Justice Panchal rejected Mr. Veldurai's contention that he had terminated the contract and the balance work was not executed by him and was completed by the substitute contractor S. Rajagopalan on the same terms and conditions.

The Bench agreed with appellant's counsel Guru Krishnakumar that the contract was not validly terminated.

The Bench quoted a G.O. dated November 16, 1951 relating to termination of contracts and said, “Viewed in the light of the contents of the G.O. there is no manner of doubt that there was no valid termination of the contracts by the government and those contracts were subsisting on the date when the respondent had filed his nomination papers and also on the date when the nomination papers of the respondent with other candidates were scrutinised by the Returning Officer.”

Three contracts

In the instant appeal, the defeated candidate, Mr. Manoj Pandian filed an election petition contending that the respondent had three contracts subsisting with the government on the date of his filing of the nomination papers on April 17, 2006 and that he was disqualified from contesting the poll.

The Bench allowed the appeal and set aside the election of Mr. Veludurai, who has virtually completed his tenure.

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