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Supreme Court refers Jaya case to a larger bench
Hearing a bunch of petitionschallenging the governor`s decision to appoint Jayalalitha asChief Minister of Tamil Nadu, the Supreme Court on Monday referredthe matter to a larger bench while issuing notice to theattorney general seeking his assistance in the matter.
Hearing a bunch of petitions
challenging the governor`s decision to appoint Jayalalitha as
Chief Minister of Tamil Nadu, the Supreme Court on Monday referred
the matter to a larger bench while issuing notice to the
attorney general seeking his assistance in the matter.
A bench comprising Justice S S M Quadri and Justice
Doraiswamy Raju directed the matter to be placed before the
Chief Justice of India for constitution of an appropriate
bench.
The Public Interest Litigations (PILs), filed by advocates B R Kapur and Manohar Lal Sharma, have raised among other things the question whether a person was entitled to become chief minister after being disqualified to become a legislator on account of conviction and sentence for a term of over two years. The petition filed by Sharma said inviting Jayalalitha to form the government had raised two vital questions - whether any convicted person has a right to hold any post of profit in the place of general importance as well as the employment of government and whether a disqualifed person becoming prime minister or chief minister is constitutional.
“As per section 389(1) of CrPC, suspension of sentence does not expressly speak of suspension of conviction,” he said. Seeking setting aside of the appointment of Jayalalitha as chief minister, Kapur in his petition said the governor had Illegally appointed Her to the post in contravention of the provisions of Representation of People`s Act.
Bureau Report
The Public Interest Litigations (PILs), filed by advocates B R Kapur and Manohar Lal Sharma, have raised among other things the question whether a person was entitled to become chief minister after being disqualified to become a legislator on account of conviction and sentence for a term of over two years. The petition filed by Sharma said inviting Jayalalitha to form the government had raised two vital questions - whether any convicted person has a right to hold any post of profit in the place of general importance as well as the employment of government and whether a disqualifed person becoming prime minister or chief minister is constitutional.
“As per section 389(1) of CrPC, suspension of sentence does not expressly speak of suspension of conviction,” he said. Seeking setting aside of the appointment of Jayalalitha as chief minister, Kapur in his petition said the governor had Illegally appointed Her to the post in contravention of the provisions of Representation of People`s Act.
Bureau Report