Chennai, Feb 8 : The Opposition DMK on Friday sought the intervention of Tamil Nadu Governor Banwarilal Purohit in declaring the Hosur Assembly seat vacant following the conviction of former Minister P Balakrishna Reddy in a stone pelting case.
In a letter to the Governor, with copies to Assembly Speaker P Dhanapal and Chief Election Commissioner (CEC) Sunil Arora, he said as per the Section 8 of Representation of the People Act 1951, the seat would automatically fall vacant following his conviction.
The Supreme Court found Section 8(4) of the Act unconstitutional and specifically held that upon conviction of a setting MLA/MP for offences mentioned under Section 8, his seat falls vacant automatically. Therefore, there is no requirement under law for any separate notification or declaration from the TN Legislative Assembly, he said.
Expressing surprise over the Speaker not taking any steps to formally notify Hosur Assembly seat as vacant and intimate the ECI about it, he urged the Governor to direct Mr Dhanapal to formally notify the seat as vacant and intimate the ECI to enable it to conduct bye-election. (UNI)