HC directs disqualified MLA to return ₹21L salary
TIMES NEWS NETWORK
Chennai:27.02.2019
In a significant first, the Madras high court on Wednesday directed a legislator, whose election was declared illegal by the Supreme Court after completion of his term, to return ₹21.58 lakh paid as salary and allowances to the Tamil Nadu assembly within four weeks.
Justice V Parthiban passed the order while dismissing a plea moved by P Veldurai, a former legislator of Cheranmahadevi constituency, challenging a demand notice issued by the assembly secretary to recover the amount paid to him as salary and allowances from 2006 to 2011.
Veldurai contested the 2006 general election to the state assembly as a Congress candidate. Veldurai’s candidature was objected to by another candidate on the grounds he was barred from contesting the election since he was a registered government contractor. However, the returning officer of the constituency rejected the objection and allowed Veldurai to contest. Veldurai won the election and became a legislator.
Aggrieved, one of the defeated candidates challenged his election before the high court. As the court dismissed the plea and upheld his election, the defeated candidate approached the Supreme Court. Allowing his plea, the apex court on April 13, 2011, declared Veldurai’s election illegal and void. By the time the court passed the order, Veldurai had completed his tenure.
Based on the apex court order on July 7, 2011, the assembly secretary issued a notice to Veldurai demanding that he pay back ₹21.58 lakh that hereceived as salary for holding the post of MLA . Aggrieved, Veldurai moved the present plea challenging the notice.
Dismissing the plea, Justice Parthiban said, “In a case like this, where the delay in disposal of the election petition has almost taken away the effect of the disqualification, the disqualified member cannot be allowed to take advantage of the passage of time, which allowed him to enjoy the powers and privileges of the office of MLA for a full term.”
The disqualified member cannot be allowed to take advantage of the passage of time, which allowed him to enjoy the powers and privileges of the office of MLA for a full term
Justice Parthiban
TIMES NEWS NETWORK
Chennai:27.02.2019
In a significant first, the Madras high court on Wednesday directed a legislator, whose election was declared illegal by the Supreme Court after completion of his term, to return ₹21.58 lakh paid as salary and allowances to the Tamil Nadu assembly within four weeks.
Justice V Parthiban passed the order while dismissing a plea moved by P Veldurai, a former legislator of Cheranmahadevi constituency, challenging a demand notice issued by the assembly secretary to recover the amount paid to him as salary and allowances from 2006 to 2011.
Veldurai contested the 2006 general election to the state assembly as a Congress candidate. Veldurai’s candidature was objected to by another candidate on the grounds he was barred from contesting the election since he was a registered government contractor. However, the returning officer of the constituency rejected the objection and allowed Veldurai to contest. Veldurai won the election and became a legislator.
Aggrieved, one of the defeated candidates challenged his election before the high court. As the court dismissed the plea and upheld his election, the defeated candidate approached the Supreme Court. Allowing his plea, the apex court on April 13, 2011, declared Veldurai’s election illegal and void. By the time the court passed the order, Veldurai had completed his tenure.
Based on the apex court order on July 7, 2011, the assembly secretary issued a notice to Veldurai demanding that he pay back ₹21.58 lakh that hereceived as salary for holding the post of MLA . Aggrieved, Veldurai moved the present plea challenging the notice.
Dismissing the plea, Justice Parthiban said, “In a case like this, where the delay in disposal of the election petition has almost taken away the effect of the disqualification, the disqualified member cannot be allowed to take advantage of the passage of time, which allowed him to enjoy the powers and privileges of the office of MLA for a full term.”
The disqualified member cannot be allowed to take advantage of the passage of time, which allowed him to enjoy the powers and privileges of the office of MLA for a full term
Justice Parthiban
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