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EDITOR IN CHIEF- ABDULLAH BIN SALIM AL SHUEILI

SC declines urgent hearing of plea against Sasikala

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New Delhi: The Supreme Court on Friday declined an urgent hearing of a plea seeking direction against AIADMK leader V K Sasikala being sworn in as Chief Minister of Tamil Nadu. A bench of Chief Justice Jagdish Singh Khehar, Justice NV Ramana and Justice D Y Chandrachud said, “sorry declined” as the petitioner urged the bench to accord the plea an urgent hearing.


The petitioner contended that Sasikala should not be sworn in as the verdict on Karnataka government’s plea challenging her acquittal in a disproportionate assets case was awaited.


The top court is expected to pronounce its verdict on the Karnataka government’s appeal next week.


The Karnataka government has challenged a May 11, 2015 Karnataka High Court order acquitting late Chief Minister J Jayalalithhaa, Sasikala and her two relatives V N Sudhakaran and Elavarasi for allegedly amassing disproportionate assets to the tune of Rs 66.65 crore during Jayalalithaa’s first term as Chief Minister (1991-1996). The verdict on the Karnataka government’s plea was reserved on June 7, 2016.


The high court by its verdict had reversed a September 27, 2014 trial court judgement which had sentenced Jayalalithaa to four years in jail and imposed a Rs 100 crore fine after a trial that lasted for 18 years.


Sasikala, who was elected General Secretary of AIADMK following the death of Jayalalithaa in December 2016, was elected leader of the legislature party on February 5.


In another development, Sasikala on Friday dismissed E Madhusudanan from the party for backing acting Chief Minister O Panneerselvam, and in his stead appointed senior party leader K A Sengottaiyan as the party Presidium Chairman.


Sasikala said in a statement that Madhusudanan had violated the party’s principles and brought disrepute to it, and so was being ousted from the party post and the AIADMK’s primary membership.


She urged the party members not to have any truck with Madhusudanan.


The dismissal came a day after Madhusudanan joined hands with Panneerselvam.


Earlier on Friday, Madhusudanan told reporters: “As per the party by-law, a person can become General Secretary of AIADMK only if he/she is a member for a continuous period of five years.”


Madhusudanan said Sasikala was not a member of the AIADMK for a continuous five years and hence was not qualified to be General Secretary. A former minister, Madhusudanan is one of the long-time members of the AIADMK.


Former Union Minister E Ponnusamy on Friday joined the camp of Panneerselvam.


However, AIADMK spokesperson Vaigaichelvan said people joining Panneerselvam’s camp are “beyond their expiry date”. Panneerselvam revolted against Sasikala on Tuesday night alleging that he was forced to resign as Chief Minister to pave the way for Sasikala to occupy that chair.


Subsequently around five legislators, one sitting Member of Parliament (MP), party old timers, former legislators and others have started expressing their support to Panneerselvam.


Supporters of Sasikala continued their attack on Panneerselvam and charged him of betraying the party.


Meanwhile, a PMK spokesperson said on Friday that, Tamil Nadu Governor C Vidyasagar Rao should not blindly invite Sasikala to form the government.


“The framers of the Indian Constitution would have drafted Article 164 mainly to allow a person of calibre and repute to become a minister first and then get elected by the people within six months of assuming the post,” the spokesperson, N Vinoba Bhoopathy, also advocate, said.


“The Governor should also look into the charge of acting Chief Minister O Panneerselvam who was forced to resign,” Bhoopathy said.


He also said a caretaker government is like any other government that has to function through a Chief Minister and his council of ministers. “Here we have the acting Chief Minister but where is his council of ministers”, Bhoopathy asked.


K Chandru, retired judge of Madras High Court, said that the Governor is bound to call a person who shows the he/she enjoys support of the majority of legislators support to form the government.


“The provision of the Constitution is like a skeleton. The courts, by their interpretation, give it flesh and blood. The spirit of the Constitution is for the courts to decide,” Chandru said.


According to Chandru, a Governor cannot look at other issues like pending cases or where a judgement is imminent while deciding whether a person can be called to form the government. — IANS


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