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Online edition of India's National Newspaper Saturday, June 30, 2001 |
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Quo warranto against Jayalalithaa dismissed
By Our Staff Reporter
CHENNAI, JUNE 29. A three-member bench of the Madras High Court
today dismissed at the admission stage itself two quo warranto
petitions challenging the appointment of Ms. Jayalalithaa as
Chief Minister.
Asking her to showcause under what authority she was holding the
office, the petition, filed by Mr. V. Selvaraj on May 22, also
sought an interim injunction ``restraining Ms. Jayalalithaa from
functioning as Chief Minister.''
A similar petition by Mr. Ching Chyang Ching of Cuddalore had
sought a direction to the Election Commission to debar Ms.
Jayalalithaa from contesting Assembly and parliamentary elections
for six years.
They alleged that Ms. Jayalalithaa was found guilty of abuse of
power and corruption when she was Chief Minister between 1991 and
1996.
After hearing the petitioners today, the Bench comprising the
Chief Justice, Mr. N.K. Jain, Mr. Justice K. Sampath and Mr.
Justice P. Thangavel, held that since similar petitions were
pending before the Supreme Court, this court could not go into
the merits of the case. ``Once a public interest litigation
petition is filed, it is unnecessary to hear every PIL filed
subsequently for the same relief pertaining to the same
issue/controversy.''
Citing that the Supreme Court had on June 4 referred similar
petitions to a larger bench, the judges said the ultimate
decision of the apex court would be ``binding on all concerned
parties to this controversy.''
Also as such, no directions as prayed for, including a direction
to the Chief Election Commissioner, could be issued at this
stage.
However, the petitioners were free and at liberty to appeal in
the Supreme Court, the bench observed, adding, ``all the writ
petitions are dismissed in limine (at the admission stage).''
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