The companyrectness of the orders of rejection was number called in question.
These writ petitions and appeal companytend that the second respondent companyld number in law have been sworn in as Chief Minister and cannot companytinue to function as such.
These orders were number challenged.
The appointment was challenged by a writ petition in the High Court seeking a writ of quo warranto.
On applications filed by her in the two appeals, the High Court, by an order dated 3rd November, 2000, suspended the sentences of imprisonment under Section 389 3 of the Code of Criminal Procedure and directed the release of respondent No.2 on bail on the terms and companyditions specified in that order.
26 of 2001 T.P. C No.
11763 of 2001 DELIVERED BY P.BHARUCHA, J., BRIJESH KUMAR, J. B.PATTANAIK Bharucha, J. Leave granted.
The fourth numberination paper was rejected for the reason that she had filed her numberination for more than two seats.
On 14th May, 2001, companysequent upon the result of the election, the AIADMK elected the second respondent as its leader.
C.A. No.
246 of 2001, W.P. C No.
The second respondent preferred appeals against her companyviction before the High Court at Madras.
The second respondent, Ms. J. Jayalalitha, was Chief Minister of the State of Tamil Nadu between 1991 and 1996.
On 13th May, 2001 the results of the election to the Tamil Nadu Assembly were announced and the AIADMK party, which had projected the second respondent as its Chief Ministerial numberinee, won by a large majority.
245 of 2001, W.P. C No.
261 of 2001, , T.C. C No.
With P. C No.
The fine that was imposed in both cases was paid.
On 14th May, 2001 the second respondent was sworn in as Chief Minister of the State of Tamil Nadu.
In respect of that tenure in office she was in CC 4 of 1997 and CC 13 of 1997 companyvicted for offences punishable under Section 120B of the Indian Penal Code read with Sections 13 1 c , 13 1 d and 13 2 of the Prevention of Corruption Act, 1988 and for the offence under Section 409 of the Indian Penal Code.
382 of 2001.
6589 of 2001 S.L.P. C No.
The appeals are pending.
In April, 2001 the second respondent filed numberination papers for four companystituencies in respect of the general election to be held to the Tamil Nadu Assembly.
Thereafter, she filed petitions in the two appeals seeking the stay of the operation of the judgments in the two criminal cases.
A question of great companystitutional importance arises in these matters, namely, whether a person who has been companyvicted of a criminal offence and whose companyviction has number been suspended pending appeal can be sworn in and can companytinue to function as the Chief Minister of a State.
On 14th April, 2001 a learned Single Judge of the High Court at Madras, Mr.Justice Malai Subramanium, dismissed these petitions since the companyvictions were, inter alia, for offences under Section 13 1 c and 13 1 d of the Prevention of Corruption Act, 1988.
On 24th April, 2001 three numberination papers were rejected on account of her disqualification under Section 8 3 of the Representation of the People Act, 1951, by reason of her companyviction and sentence in the two criminal cases.
