Disqualified

THE Indian Supreme Court ruled on 21 September that criminal convictions disqualified J Jayalalitha from holding the office of Tamil Nadu Chief Minister. When Ms Jayalalitha was Chief Minister during the period 1991-1996, she is alleged to have purchased lands belonging to the Tamil Nadu Small Industries Corporation (TANSI), thereby using her position for unfair gain.

She was sentenced to three years imprisonment by a Chennai court. Ms Jayalalitha has appealed against the decision. The conviction disqualified her from contesting the state elections on 10 May. But she was sworn in as Chief Minister after her AIADMK party won a landslide victory in the elections.

Some lawyers filed petitions in the Supreme Court on the ground that a person disqualified to contest elections is not entitled to become Chief Minister. The Supreme Court agreed that her appointment was unconstitutional and rejected the argument that the people’s verdict at the state elections superseded legal provisions.

The Court also said that a person sentenced to imprisonment for more than two years would not be entitled to hold public office. Jayalalitha confidant O Panneerchelvam of the AIADMK was nominated as new Chief Minister on 22 September. Mr Panneerchelvam has declared that the state government will be guided by Ms Jayalalitha.


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