Jayalalitha cases must await quo warranto plea verdict: Swamy

By Our Staff Reporter

CHENNAI, JUNE 6. The Janata Party president, Dr. Subramanian Swamy, today told the Madras High Court that the AIADMK general secretary, Ms. Jayalalitha's appeal against her conviction in the TANSI land deal cases should not be heard and that her trial in the SPIC disinvestment case should not proceed until the quo warranto public interest petitions questioning her authority to continue as Chief Minister were disposed of.

The First Bench comprising the Chief Justice, Mr. Justice N. K. Jain and Mr. Justice R. Thangavel, however, asked Dr. Swamy, who was arguing in person, to file a separate petition.

The Bench also turned down his plea for taking up today itself his quo warranto petition questioning the Governor's decision to swear in Ms. Jayalalitha, Chief Minister. It was, posted for Monday.

Dr. Swamy told the court that Ms. Jayalalitha, by virtue of being the Chief Minister, would be appellant as well as respondent in cases against her. If admitted he would get his quo warranto petition transferred to the Supreme Court, for being heard along with similar petitions there.

Dr. Swamy had filed the petition on May 28 in order to ``restrain Ms. Jayalalitha from discharging the duties and enjoying the privileges of Chief Minister'' as she had been disqualified from being a member of the Assembly. According to Dr. Swamy's petition, as per Articles 173, 190 191 and 164 of the Constitution, a disqualified person cannot be sworn in Chief Minister even on the pretext that he or she has a gestation period of 6 months to become a member of the Assembly.

Faulting the Governor, Ms. Fathima Beevi's decision to administer the oath to Ms. Jayalalitha, the petition said her action had created Constitutional and legal crises.

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