M A I N   N E W S

Jaya issue for 3-Judge Bench
Notices to Centre, Attorney-General

New Delhi, June 4
The Supreme Court today issued notices to Tamil Nadu Chief Minister and AIADMK supremo J. Jayalalitha, the Union Government and the Attorney-General of India on a bunch of petitions raising the question whether a person disqualified from contesting elections could be appointed as chief minister.

Terming the issue raised in the petitions as “important”, a Bench comprising Mr Justice S.S.M. Quadri and Mr Justice Doraiswamy Raju referred it to a three-judge Bench and directed the matter be placed before the Chief Justice of India “for the constitution of an appropriate Bench”.

Ms Jayalalitha, who was disqualified by the returning officers from contesting elections in view of her conviction in a corruption case, was appointed as the Chief Minister on May 14 by Governor Fathima Beevi after her party won majority.

However, the Bench dismissed as withdrawn a petition challenging the constitutional validity of Article 164(4) of the Constitution, which provided that “a minister, who for any period of six consecutive months, is not a member of the legislature of the state shall at the expiration of that period cease to be a minister.”

The Bench also dismissed all applications seeking stay on the decision of the Governor appointing Ms Jayalalitha as the Chief Minister.

Senior advocate Anil Dewan submitted that the appointment of Ms Jayalalitha, whose conviction had not been stayed by the Madras High Court, has opened a new chapter in the Indian legal and political history.

Terming the Governor’s decision as “wholly unconstitutional, arbitrary and subersive of Rule of Law, forming the basic structure of Constitution”, Mr Dewan said it would encourage corruption and empower a “convicted person to occupy Chief Minister’s Office”.

The other petitioners, who challenged the appointment of Ms Jayalalitha as Chief Minister, were Mr B.L. Wadhera, Mr M. L. Sharma and Mr B.R. Kapoor.

CHENNAI: Reversing its stand, the opposition DMK on Monday urged the Centre for the immediate recall of Tamil Nadu Governor Fathima Beevi for swearing in AIADMK General-Secretary J. Jayalalitha as Chief Minister “in violation of the Constitution”.

The party’s General Council which met here for the first time after the DMK’s debacle in last month’s Assembly elections, said the Governor’s action of appointing Ms Jayalalitha who had been disqualified from contesting the elections in view of her conviction in a corruption case was a “serious violation” of the Constitution. PTI