Advocate N.R. Elango of the Dravida Munnetra Kazhagam (DMK) will be fielded as a candidate for the coming Rajya Sabha election in Tamil Nadu, in case MDMK general secretary Vaiko’s nomination papers are rejected by the Returning Officer by virtue of his recent conviction in a case of sedition. He was awarded a one-year prison term.
Legally, however, there is no bar on Mr. Vaiko contesting the election, as sedition does not figure among the offences under the Representation of People Act warranting disqualification of a candidate.
ADVERTISEMENT
ADVERTISEMENT
The MDMK leader revealed on July 8 that DMK president M.K. Stalin wanted him to contest for the Rajya Sabha seat. “The seat was offered to me as an individual and not for my party, the MDMK. It was an unwritten deal between us,” Mr. Vaiko said, while referring to the pre-election poll deal between the DMK and the MDMK under which the party was offered a Lok Sabha seat and a nomination to the Upper House.
“I believe my candidature for the Rajya Sabha election will be accepted. In which case, DMK’s N.R. Elango will withdraw his nomination,” he said in Dindigul.
“As per Section 8 (3) in The Representation of the People Act, a person sentenced to less than two years shall not be disqualified. Based on that, I believe my nomination will be accepted in the scrutiny of nominations on Tuesday. I am told that Elango’s nomination is only a fall-back in the event of my nomination getting rejected,” said Mr. Vaiko.
ADVERTISEMENT
He added that his lawyer G. Devadoss would attend the scrutiny of nomination papers on Tuesday, as he had to appear before a court around the same time.
“So far, in independent India, no one has been punished under Section 124 (A) of the Indian Penal Code. Based on that, I had believed that I will not be punished in the case,” he said.