Chennai

A division bench, comprising Justices S.Manikumar and Subramonium Prasad, referring to Section of 8 of Representation of Peoples Act said, “No rule or regulation in the model code of conduct (MCC) has been pointed out by the counsel for the petitioner prohibiting a convicted person from campaigning for a candidate.

Noting that the Representation of Peoples Act 1951 only speaks about the disqualification from contesting in the elections, the bench said, “In the case on hand from the photographs produced and perused, we can only deduce that Balakrishna Reddy was standing along with the candidate and there is no other concrete material indicating that he was canvassing.”

The petitioner had contended that Balakrishna Reddy was convicted and awarded jail term by the special court for cases against MPs and MLAs in an arson case a couple of months ago. And he had to resign as MLA.

As per Sec 8 of the Representation of the People Act, the accused, who has been convicted for a criminal offence, shall not be permitted to contest in the elections. He clandestinely evolved an evil design and made his wife the candidate for the Hosur constituency. Posing like an official candidate nominated by the party, he was campaigning for his wife, petitioner submitted.

However, advising that ECI should decide in the above regard for future governance, the bench dismissed the petition.

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