Nullification of Tamil Nadu Gazette notification declaring Jayalalitha’s constituency to be vacant from the date of her conviction denied

Madras High Court: In the instant case where the petitioner appearing in person praying to the Court to declare the notification issued by the Tamil Nadu Gazette, Extraordinary No.223 dated 8.11.2014 stating that former Chief Minister of Tamil Nadu, Selvi J. Jayalalitha’s constituency 139 Srirangam shall be deemed to have become vacant from the date of her conviction i.e., 27.09.2014, as according to Article 190(3) of the Constitution, as void and unconstitutional, by providing the reason stating J. Jayalalitha to be a public spirited person, the Bench of S.K. Kaul, C.J., and M.M. Sundresh termed the petition to be a publicity stunt with no merit in law. It is to be noted that Jayalalitha had been found guilty of possessing disproportionate assets and was convicted for the same leading to her disqualification as a legislator, although she was later granted bail by the Supreme Court.

It was observed by the Bench that the present petition only stated various Articles of the Constitution with nothing major to contend. S.T.S. Moorthy represented the respondents in the present case. 

The Bench also observed that the petitioner never approached the Court regarding the vacancy of Jayalalitha’s constituency and with the elections for 139 Srirangam round the corner; such a petition is simply a publicity exercise. The Court further observed that  such frivolous petitions are to be penalized by imposing exemplary costs but, since the petitioner committed this misadventure for the first time therefore she was let off only with a caution so as to dissuade her to pursue any such frivolous petitions under the garb of a Public Interest Litigation. C.Udayachandrika v. The Secretary,Tamilnadu Legislative Assembly, 2015 SCC OnLine Mad 194 decided on 10.02.2015

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