The Madras High Court Thursday dismissed a petition seeking to prohibit disqualified Tamil Nadu minister Balakrishna Reddy, who was convicted in a riots case in 1998, from canvassing for his wife, an AIADMK candidate for the Hosur assembly seat.
A division bench of justices S Manikumar and Subramonium Prasad referred to Section 8 of the Representation of People's Act and dismissed the plea by AMMK candidate for the seat, V Pugazhendhi.
Pugazhendhi is pitted against S Jothi in the assembly seat.
In the order, the judges said no rule or regulation from the Model Code of Conduct has been cited by the petitioner's counsel which prohibits a convicted person from canvassing for a candidate contesting in an election.
"The Representation of Peoples Act 1951 only speaks about the disqualification from contesting in an election.
"In the case on hand, from the photographs produced and perused, we could only deduce that the said Balakrishna Reddy was standing along with the candidate and there is no other concrete material indicating that he was canvassing," he observed.
A special court for cases against MPs and MLAs in the city, had convicted Reddy in connection with an arson case and sentenced him to three years imprisonment with a fine of Rs 10,000, a couple of months ago, according to the petitioner.
The former minister was forced to resign from K Palaniswami-led cabinet after his conviction in the case related to a protest against illicit liquor at Hosur in 1998.
Section 8 of the Representation of the People Act says the accused, who has been convicted for a criminal offence, shall not be permitted to contest in an election.
To defeat the process of law, Reddy clandestinely evolved an "evil" design and made his wife, S Jothi, the candidate for Hosur, the petitioner claimed.
Pugazhendhi in his plea alleged that Reddy was posing like an official candidate nominated by the party and campaigning for her.
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