My dear young lawyers: Had the order now passed against Selvi Jayalalitha been passed prior to 10 July 2013, she would not have been disqualified to be a Member of Legislative Assembly of Tamil Nadu or the Chief Minister of Tamil Nadu. Delay has proved fatal. Is it right to invoke the dictum justice delayed, justice denied in this case? Still, the order of conviction can be stayed by the High Court of Karnataka solely on the ground that the order of conviction is an executable order inasmuch as she suffered disqualification the moment the order was passed. Once the order of conviction is stayed, disqualification ceases and she can contest the election. In Ravikant S. Patil ( 2007), the Supreme Court refused to interfere with an order of a High Court staying conviction.
Posted on: Sun, 05 Oct 2014 19:38:46 +0000
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