New Delhi, July 20
A three-Judge Bench of the Supreme Court in a significant order today admitted a batch of writ petitions challenging the appointment of AIADMK supremo J. Jayalalitha as Chief Minister of Tamil Nadu and referred them to a Constitution Bench of five judges for early disposal in view of the immense constitutional importance of the matter.

The Bench comprising Mr Justice S.P. Bharucha, Mr Justice Y.K. Sabharwal and Mr Justice Brijesh Kumar in its brief order said, “A question of great constitutional importance arises in these matters, namely, whether a person who has been convicted of a criminal offence and whose conviction has not been suspended pending appeal can be sworn in and can continue to function as Chief Minister of a State.”

Dictating the order in the courtroom packed to capacity, Mr Justice Bharucha added, “The writ petitions shall, therefore, be heard by a Constitution Bench and, given the importance and urgency, they shall be listed in the week commencing September 3, 2001, subject to the administrative directions of the honourable Chief Justice of India before whom the papers shall be placed.”

The court gave liberty to the respondents, the state of Tamil Nadu and Ms Jayalalitha to file their replies to the petitions with in four weeks.

The petitions filed by Mr. B. R. Kapur, Mr Dhananjaya Chauhan, Mr Pratap Singh Chauthala and Mr B.L. Wadehra raise the issue whether a person disqualified to become a Member of the Legislature could be appointed as Chief Minster by the Governor.

The judges further issued notices in the special leave petition filed by senior advocate V. Selvaraj against the orders of the Madras High Court, dismissing his public interest petition on the same issue on the ground that similar petitions were pending before the Supreme Court. This petition was tagged to the main matter.

The judges also issued notices in the transfer petition filed by the Janata Party President, Mr Subramaniam Swamy, relating to the same issue filed in the Madras High Court and tagged it to the admitted petitions. An intervention/ impleadment petition filed by the general secretary of DMK and Leader of the Opposition in the Tamil Nadu Assembly, Mr K. Anbazhagan, was dismissed as withdrawn.

Dismissing the latter petition, Mr Justice Bharucha observed, “We are not converting it (the main case) into a publicity matter or a political affair. We are not entertaining any more petition.

Earlier, senior advocate Ashok Desai appearing for one of the writ petitioners, submitted that the facts in this case were not in dispute. “It is a matter of pure law”, he stated. Mr Anil Divan, senior advocate, appearing for another public interest petitioner, urged that this was a case which had to be disposed of expeditiously.

Mr Desai at one stage of the proceedings termed the case as one dealing with “usurpation of power”. Mr K.K. Venugopal, senior advocate, appeared on behalf of the Chief Minister, Ms Jayalalitha in all the matters.