Southern States - Tamil Nadu   

Ponnusamy found guilty, but his election stays

By Our Staff Reporter

CHENNAI APRIL 11. The Madras High Court has found the former Union Minister, E. Ponnusamy, guilty of poll-eve irregularities, but regretted that it is unable to set aside his election owing to the limitations in the relevant provision of the Representation of the People Act.

Dismissing on Thursday a petition filed by the Dalit Panthers of India leader, R. Tirumavalavan, challenging the PMK leader's election in the September 1999 Parliamentary polls, Justice K.P. Sivasubramaniam said: "The result of this election petition is regrettable. Though Mr. Ponnusamy is found guilty of charges under Section 123(7) of the RP Act for obtaining and procuring the assistance of a person in government service by committing an act which is illegal... "

According to the petitioner, the former Union Minister, despite being a voter in the Villivakkam constituency, coerced the polling official at the Vriddhachalam Government School polling booth and cast his vote illegally. Stating that the official's act was improper and illegal, Mr. Tirumavalavan prayed for declaring the election of Mr. Ponnusamy null and void, and instead declaring him elected from the Chidambaram parliamentary constituency.

Mr. Ponnusamy had walked into the booth with impunity and pressured the polling officer into permitting him cast his vote ``knowing fully well that he cannot vote in that booth,'' Mr. Justice Sivasubramaniam said. "Yet, this court is powerless to set aside the election. The situation is due to the loopholes in the legislation arising out of the unrealistic drafting of Section 123(7) of the RP Act.

"This court can only hope and trust that the anomaly will be removed at the earliest, and the presiding officials, irrespective of their official status, and such other officials of the election machinery are also brought under the ambit of the Section".

(The Section in question has under its purview only gazetted officers, stipendiary judges and magistrates, members of armed and police forces, excise officials and specified grades of revenue officials. Neither the candidates nor their authorised agents are permitted to take or solicit the help of these officials to further the electoral prospects).

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