EC plea on action against Jaya rejected

Chennai, June 28: Madras High Court today rejected a plea by the Election Commission seeking clarification on its earlier order calling for penal action within six weeks against former Tamil Nadu Chief Minister and AIADMK supremo J Jayalalithaa for producing false affidavit while filing nomination from four constituencies in the 2001 Assembly elections.

After hearing the arguments a division bench comprising Justices Dharmarao Elipe and S Palanivelu rejected the plea saying there was no need to issue any clarification.

Senior Counsel G Rajagopalan, appearing on behalf of the EC, sought clarification as to whether action could be taken against Ms Jayalalithaa under Sec 125-A(ii) of the Representation of the People Act, which came into being after the commission of the alleged offence.

Counsel for Ms Jayalalitha Mr Jothi said she had already gone in appeal to the Supreme Court and he should be heard on the point of law.

Appearing for the DMK member of Parliament Mr C Kuppusamy on whose public interest litigation the court had passed the order, Mr R Shanmugasundaram said the EC's plea was clearly meant to delay the case.

Mr Kuppusamy had sought action against Ms Jayalalithaa under Sec 177 of the IPC which provided for punishment of up to six months simple imprisonment and/or fine for anyone who furnished false information to a public servant.
Mr Kuppusamy had contended that Ms Jayalalithaa had filed nominations from Andipatti, Krishnagiri, Pudukottai and Bhuvanagiri constituencies, thus violating Sec 33(7)(b) of the RP Act under which a candidate could not contest from more than two constituencies at a time. Ms Jayalalithaa's petitions were, however, rejected in all the four constituencies on the grounds of disqualification from constesting elections as she had been convicted in the TANSI land deal case by a trial court and sentenced to three years rigorous imprisonment.

Passing orders on the PIL, the Bench had said on June 13 that Ms Jayalalithaa's declaration in Pudukottai and Bhuvanagiri that she had not been nominated from more than two constituencies was ''false to her own knowledge and amounts to violation of Section 33(7)(b) of the Representation of the People Act.'' Justice Elipe said ''it is a clear case of furnishing false information before a public servant by Ms Jayalalithaa, falling squarely falls under Section 125-A(ii) of the Representation of the People Act and is definitely an electoral offence.''

UNI