Edappadi K Palaniswami, the General Secretary of the All India Anna Dravida Munnetra Kazhagam (AIADMK), has called upon Legislative Assembly Speaker M Appavu to take immediate action to disqualify K Ponmudy and declare the Tirukoilur constituency vacant. This comes after Ponmudy was convicted under the Prevention of Corruption Act, 1988, by the Madras High Court in December last year.
In a letter addressed to the Speaker, Palaniswami emphasized that the Supreme Court has not stayed the conviction handed down by the High Court. Citing Section 8 (1) (m) of the Representation of the People Act, 1951, Palaniswami asserted that any individual convicted of an offence under the Prevention of Corruption Act, 1988, is automatically disqualified from holding membership in the Legislative Assembly.
Palaniswami further pointed out the provision under Section 8 (4) of the Representation of the People Act, 1951, which states that the disqualification does not take effect until the appeal filed by the disqualified member is heard. However, he highlighted a Supreme Court ruling from 2013, in the case of Lily Thomas vs Union of India, which declared this provision illegal.
According to Palaniswami, Ponmudy’s disqualification came into effect from December 21 last year. He expressed regret that the Speaker has not taken any steps to declare the Tirukoilur constituency vacant and issue a notification, describing such inaction as a dereliction of constitutional duty.
Palaniswami urged the Speaker to act impartially and in accordance with the responsibilities of a dignified constitutional authority. He emphasized the importance of upholding the integrity of the legislative process and ensuring that individuals convicted of criminal offences are not allowed to hold public office.