In 2006, P. Veldurai, a Congress candidate, contested the Tamil Nadu Assembly elections from the Cheranmahadevi constituency in Tiruneveli district and emerged victorious.
The runner-up, P.H. Manoj Pandian of the AIADMK, challenged his election in the Madras High Court on a technical ground. Mr. Pandian contended Mr. Veldurai had a subsisting contract with the State Highways Department at the time of filing his nomination papers. This went against Section 9A of the Representation of the People Act, 1951, which disqualified candidates holding government contracts from contesting in elections. The Madras High Court, however, dismissed the election petition.
Mr. Pandian then approached the Supreme Court on the issue. In April 2011, the Supreme Court set aside Veldurai’s election, holding that he was disqualified at the time of filing his nomination. Though Veldurai contended he had taken steps to terminate the contracts before contesting, the court ruled the termination was not carried out in accordance with the prescribed legal procedure. Hence, the apex court set aside his election.
However, by the time the verdict was delivered, Veldurai had completed his full five-year tenure as MLA, during which he participated in Assembly proceedings and received the emoluments attached to the office.
