New Delhi: A Supreme Court lawyer GS Mani moved the apex court on Thursday seeking a direction to restrain AIADMK supremo J Jayalalithaa from being sworn in again as the chief minister of Tamil Nadu. Jayalalithaa is likely to take over as Tamil Nadu CM on May 23 following her acquittal in an illegal assets case by the Karnataka High Court.
GS Mani 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 unless the apex court decides 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-day limitation period for moving the apex court against the High c
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.
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