Headlines
SC moved to restrain Jayalalithaa from being sworn-in as CM
New Delhi, May 21
The Supreme Court was moved
Thursday seeking a direction to restrain AIADMK supremo J. Jayalalithaa
from being sworn-in again as chief minister, likely on May 23, following
her acquittal in an illegal assets case by the Karnataka High Court.
Petitioner
G.S. Mani, who is practicing advocate at the apex court, in his
petition contended that the acquittal by the high court would not
automatically suspend Jayalalithaa's disqualification from state
assembly membership following her conviction by the trial court in a
disproportionate assets case.
The petitioner has contended that
the disqualification attracted by Jayalalithaa would not get obliterated
by her acquittal by the high court unless the apex court decides which
order - whether the order of conviction by the trial court or acquittal
by the high court - was correct.
Besides this, Mani argued that
Jayalalithaa could be administered the oath of the office only if the
same was permitted by the apex court or after the expiry of 90 days'
limitation period for moving the apex court against the high court
order.
It has also been contended that Jayalalithaa could not
take advantage of the constitutional provision that permitted any
person, without being a legislator, to be sworn in as the chief minister
with the proviso of getting elected to the state assembly within a
six-month period.
The petitioner held this would not be
applicable to Jayalalithaa as she was disqualified from the membership
of the state assembly following her conviction.
Seeking a
declaration that Jayalalithaa had "no authority, no locus" and was
"ineligible & disqualified" to hold the office of chief minister,
the petitioner sought framing of the guidelines on the circumstances
under which she could again become the chief minister.
Mani
argued Jayalalithaa could not be chief minister until the apex court
decided on her acquittal by the Karnataka High Court and she got
re-elected to the state assembly.
Jayalalithaa, along with three
others, was convicted by a Bengaluru trial court on September 27, 2014.
However, her conviction was reversed by the Karnataka High Court on May
11.