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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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