Observing that it cannot interfere in policy matters of government, the Madras High Court on Wednesday disposed of a petition challenging AIADMK deputy general secretary T.T.V. Dinakaran’s candidature for the April 12 R.K. Nagar Assembly bypoll on the ground he had been penalised in FERA cases.
When the public interest litigation (PIL) came up before the first Bench, comprising acting Chief Justice Huluvadi G. Ramesh and Justice R.M.T. Teeka Raman, it directed the petitioner to approach the authorities concerned “for the remedy.”
Petitioner P.A. Joseph, a city resident, referred to cases against Mr. Dinakaran under Foreign Exchange Regulation Act (FERA), including one in which a ₹ 28 crore penalty has been slapped on him.
The petitioner had questioned the provision in the Representation of People Act which disqualified only convicted people from contesting elections.
The Parliament has no power to restrict the disqualification only to criminal conviction and cannot defer disqualification of a person found guilty of the charge of contravention of provisions of FERA, he had submitted.
He prayed the court to declare Sections 8(1)(c)and 8(1)(e) of the Representation of People Act, 1951, as “illegal and unconstitutional” in so far as restricting disqualification only in cases of criminal conviction.
Disposing of the petition, the Bench opined that the court cannot interfere with the policy matters of the government and it is fully under the domain of the Executive.
