The Hindu : New Delhi News : Apex court orders status quo in cases against Jayalalithaa

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Wednesday, Jul 11, 2007
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Apex court orders status quo in cases against Jayalalithaa

J. Venkatesan

It shall be maintained so as on Tuesday in respect of Court direction to poll panel

“She had not committed any electoral offence as all her nominations were rejected.”

New Delhi: The Supreme Court has ordered ‘status quo as on Tuesday’ in respect of two cases filed by the Election Commission against AIADMK general secretary Jayalalithaa for filing false affidavits during the 2001 Assembly polls when she filed four nominations in Andipatti, Krishnagiri, Bhuvanagiri and Pudukottai.

Taking on board Ms. Jayalalithaa’s special leave petition during ‘mention time,’ a Bench of the Chief Justice K.G. Balakrishnan and Justice R.V. Raveendran directed that status quo as on today be maintained in respect of the direction issued by the Madras High Court to the Election Commission to register cases against Ms. Jayalalithaa. Counsel Subramonium Prasad and Guru Krishnakumar appearing for Ms. Jayalalithaa argued that she had not committed any electoral offence as all her nominations were rejected. They said the Returning Officers of Bhuvanagiri and Pudukkottai (third and fourth constituencies respectively) had passed reasoned orders holding that Ms. Jayalalithaa had not suppressed any information as the declarations filed earlier in Andipatti and Krishnagiri were made available to them. And these two orders had not been challenged.

It could not be said that no action was taken by the Election Commission as the Returning Officers had applied their mind and passed orders. They said that C. Kuppusamy, DMK Member of Parliament who filed the public interest petition, was a political adversary and the High Court ought not have entertained the petition. The Election Commission had already registered two cases, they said and prayed for interim stay of all further proceedings. Senior counsel T.R. Andhyarujina, appearing for Mr. Kuppusamy, opposed grant of stay saying that cognisance had not been taken of the complaints.

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