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Conviction based disqualification
December 23 , 2023
338 days
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- The Madras High Court convicted Tamil Nadu Higher Education Minister K. Ponmudy in one of the multiple disproportionate asset cases.
- According to Section 8(1) of the Representation of the People Act, 1951, a legislator convicted of an offence under the Prevention of Corruption Act (PCA) should be disqualified for a period of six years, from the date of conviction, if the punishment is limited to a fine.
- However, if a legislator is sentenced to any term of imprisonment under the PCA, then he or she should be disqualified from the date of conviction till the entire period of imprisonment and also for a further period of six years from the date of release.
- The disqualification can be avoided only if the conviction, and not just the sentence, gets stayed or set aside.
- He is third T.N. legislator to face disqualification in past 10 years.
- The first legislator to be disqualified was Jayalalithaa in September 2014, followed by then Sports and Youth Welfare Minister P. Balakrishna Reddy in 2019.
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