a retired bureaucrat while discussing jayalalithas conviction and forfeiture of posts she held says the law is full of ambiguities which could help her to come back from prison again as chief minister next week or whenever next. he says the peoples representation act mentions only the posts of legislators and not ministers and chief minister to be denied to those convicted.Thus she definitely loses her legislator post but continues to be the chief minister unless she resigns or her party elects a new legislature leader to become chief minister. the bureaucrat points out that neither the governor nor the government at state or centre or the court declared the forfeiture of her chief ministership. according to him she continued to be the chief minister from saturday , day of conviction to tuesday, when the party MLAs on their own elected a new leader and informed that to the governor who had no other legal option than to swear in the newly elected panneer selvam. and now, jayalalitha whe released on bail, can be reelected by her party MLAS and the governor will have to swear her in as chief minister. my bureaucrat friend says this ambiguity lies because under the constitution, one can be a chief minister or as minister without being a legislator for atleast six months.and can again become CM for anotehr six months and go on like this by resigning a day before six month expiry date and reswearing in two days later.This is very confusing and shocking for me. will someone who knows legal niceties clear the doubts ?
Posted on: Fri, 03 Oct 2014 02:46:53 +0000
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