CPM urges EC, Prez to transfer L-G till MCC is in force for fair polls

Addressing a press conference CPM leader T Murugan along with Parliamentary Secretary to Chief Minister K Lakshminarayanan, said that Bedi by misinterpreting the orders of the Supreme Court of India in the Lilly Thomas versus Union of India case in 2005, had tried to favour Ashok Anand who was disqualified after conviction in a disproportionate asset caseunder the Prevention of Corruption Act, 1988 (PCA) by writing to the President for a decision on his disqualification and postponement of Thattanchavady by-poll. Murugan has sent a petition to the Chief Election Commissioner and the President of India in this regard.

In violation of the Model Code of Conduct for elections, Bedi has sent a referral letter to the President of India on March 15 (after the model code of Conduct came into force on March 10) based on a plea made by Ashok Anand to her for postponement of the by-election on March 14, said Murugan.

Ashok Anand, the elected MLA from Thattanchavady was convicted under the PCA on Oct 30, 2018 by the Special Court in Puducherry read with Lilly Thomas judgment of Supreme Court of India in a disproportionate asset case and stood disqualified. Anand was convicted to undergo rigorous imprisonment for one year under Section 13 (1) and 13 (2) of PCA and Section 109 of IPC, he said, “A notification was also issued by the government of Puducherrydeclaring Thattanchavady assembly constituency as vacant onNov 8, 2018, based on the orderof the speaker.”

Anand had challenged his conviction and disqualification before the High Court of Madras, where it is pending and hence subjudice. Murugan said that the court has not granted any stay on the conviction.

Murugan said that when the matter was subjudice, Bedi has illegally forwarded her recommendations to the President of India for his decision under Section 1(3) of Government of Union territories act, 1963. He said that Bedi has not followed the rule of law nor procedures established in the rule of law, while referring to President. He said thatit is a clear case of violation as due process of consulting the cabinet or the law department has not been made by the Lt Governor and she did it suo motto.