A sitting Member of the Legislative Assembly (MLA) from the Marumalarchi Dravida Munnetra Kazhagam (MDMK), an ally of Tamil Nadu's ruling DMK, is on the verge of losing his legislative seat. This follows a Chennai court convicting him in a significant cheque dishonour case and sentencing him to a two-year prison term.
Court Conviction and Suspended Sentence
The III Metropolitan Magistrate Court in George Town, Chennai, delivered the verdict on Tuesday. Metropolitan Magistrate C Sundarapandian found T Sadhan Thirumalai Kumar, the MLA representing the Vasudevanallur constituency in Tenkasi district, guilty beyond reasonable doubt. The court sentenced him to two years of rigorous imprisonment.
However, acknowledging the legislator's right to appeal, the judge suspended the prison term for a period of two months. This window is provided specifically to enable Kumar to challenge the conviction in a higher court. Despite this suspension, the conviction triggers immediate legal consequences for his political career.
The ₹1 Crore Financial Dispute
The case stems from a financial transaction in 2016. According to the prosecution, Sadhan Thirumalai Kumar borrowed a sum of Rs 1 crore from New Link Overseas Finance Limited, a Chennai-based finance company located in Royapettah. The loan was reportedly taken for his business ventures.
As part of the repayment agreement, the MLA issued two cheques, each worth Rs 50 lakh, to the finance firm. When the company presented these cheques for encashment, they were dishonoured by the bank due to insufficient funds in Kumar's account.
Aggrieved by the default, the finance company filed a formal complaint under the Negotiable Instruments Act in 2019 at the Egmore court in Chennai. Given the accused's status as a sitting legislator, the case was first transferred to the Special Court for Cases Involving MLAs and MPs. It was subsequently moved to the III Metropolitan Magistrate Court in George Town for trial, based on the special court's orders.
Immediate Political Repercussions and Court Directives
The conviction carries an automatic and immediate political fallout. Under Section 8(3) of the Representation of the People Act, 1951, any person convicted of an offence and sentenced to imprisonment for two years or more shall be disqualified from the date of such conviction. This disqualification remains in effect for a further six years after their release.
Therefore, irrespective of the two-month suspension of his jail term, Sadhan Thirumalai Kumar faces immediate disqualification as an MLA. This means he will lose his seat in the Tamil Nadu Legislative Assembly representing Vasudevanallur.
In addition to the prison sentence, the metropolitan magistrate issued a firm financial directive. The court ordered the convicted MLA to pay the compensation of Rs 1 crore to the finance company within two months. The judge warned that failure to pay this amount within the stipulated period would result in an additional three months of imprisonment.
The case highlights the legal accountability of public representatives and underscores the serious consequences of financial fraud, even for those in high office. All eyes are now on the appellate courts to see if the MLA's challenge will overturn the conviction that currently threatens his political future.
