DMK President Kalaignar M Karunanidhi on April 27 announced that Party’s Nagapattinam MP A K S Vijayan would move the Supreme Court challenging the Madras High Court order setting aside a petition, challenging the nominations filed by Jayalalitha in the run up to the 2001 Assembly polls in Tamil Nadu.
In a statement, Kalaignar said the Division Bench comprising Justice Elipi Dharmarao and Justice R Mala had on April 25 set aside Mr Vijayan’s miscellaneous plea on the ground that former DMK MP C Kuppusamy, who had filed the writ petition, had died.
The Bench had also observed that Vijayan could not implead himself as a party in the writ petition and pursue the case in place of the deceased petitioner. He said Vijayan was one among the DMK leaders who had approached the Election Commission (EC) in August 2001 seeking to prosecute the ADMK leader for filing nominations from four seats.
Since the EC had not taken any action, Kuppusamy had filed a writ petition in the Madras High Court on March eight, 2002, seeking a direction to the EC to initiate appropriate action by launching criminal prosecution against Jayalalitha for filing nominations from four constituencies, he noted.
After hearing the arguments, the Bench had reserved the orders on March six this year. In the meantime, Kuppusamy passed away on April 19 and Vijayan filed a petition seeking to implead himself as party in the case in place of Kuppusamy to pursue the case.
However, the Bench dismissed Vijayan’s impleading petition on April 25. Reacting to this, Kalaignar said the general rule was that the offence could not be erased if the petitioner, who had moved the Court against the offence, had died.
Observing that the Supreme Court had passed orders on earlier occasions that a PIL should be not dismissed on the ground that the petitioner had died, Kalaignar said citing these two legal points, Vijayan would file an appeal in the Apex Court challenging the Madras High Court order setting aside his miscellaneous plea. “Vijayan will initiate necessary steps to move the Supreme Court in this regard”, Kalaignar said.
He said there was precedence that a litigation cannot be dismissed in the wake of the petitioner’s death and based on this, steps will be taken to file an appeal in the Supreme Court by Vijayan.
Kalaignar recalled that Kuppusamy and Vijayan besides some others had appealed to the Election Commission of India in 2001 against Jayalalitha, contending that providing false information was punishable offence.
Kuppusamy, Parliamentary party Leader in 2002, had filed a petition against Jayalalitha and since a senior member of the party had filed the case, Vijayan did not file any separate litigation, Kalaignar said.
Kalaignar said Jayalalitha filed nominations from four constituencies in 2001 and had given a declaration that she had not been or would be nominated as a candidate for more than two constituencies.
In November last, the Supreme Court had set aside a 2007 direction of the Madras High Court asking authorities to initiate action against Jayalalitha and referred the matter back to the High Court for fresh disposal.
In a statement, Kalaignar said the Division Bench comprising Justice Elipi Dharmarao and Justice R Mala had on April 25 set aside Mr Vijayan’s miscellaneous plea on the ground that former DMK MP C Kuppusamy, who had filed the writ petition, had died.
The Bench had also observed that Vijayan could not implead himself as a party in the writ petition and pursue the case in place of the deceased petitioner. He said Vijayan was one among the DMK leaders who had approached the Election Commission (EC) in August 2001 seeking to prosecute the ADMK leader for filing nominations from four seats.
Since the EC had not taken any action, Kuppusamy had filed a writ petition in the Madras High Court on March eight, 2002, seeking a direction to the EC to initiate appropriate action by launching criminal prosecution against Jayalalitha for filing nominations from four constituencies, he noted.
After hearing the arguments, the Bench had reserved the orders on March six this year. In the meantime, Kuppusamy passed away on April 19 and Vijayan filed a petition seeking to implead himself as party in the case in place of Kuppusamy to pursue the case.
However, the Bench dismissed Vijayan’s impleading petition on April 25. Reacting to this, Kalaignar said the general rule was that the offence could not be erased if the petitioner, who had moved the Court against the offence, had died.
Observing that the Supreme Court had passed orders on earlier occasions that a PIL should be not dismissed on the ground that the petitioner had died, Kalaignar said citing these two legal points, Vijayan would file an appeal in the Apex Court challenging the Madras High Court order setting aside his miscellaneous plea. “Vijayan will initiate necessary steps to move the Supreme Court in this regard”, Kalaignar said.
He said there was precedence that a litigation cannot be dismissed in the wake of the petitioner’s death and based on this, steps will be taken to file an appeal in the Supreme Court by Vijayan.
Kalaignar recalled that Kuppusamy and Vijayan besides some others had appealed to the Election Commission of India in 2001 against Jayalalitha, contending that providing false information was punishable offence.
Kuppusamy, Parliamentary party Leader in 2002, had filed a petition against Jayalalitha and since a senior member of the party had filed the case, Vijayan did not file any separate litigation, Kalaignar said.
Kalaignar said Jayalalitha filed nominations from four constituencies in 2001 and had given a declaration that she had not been or would be nominated as a candidate for more than two constituencies.
In November last, the Supreme Court had set aside a 2007 direction of the Madras High Court asking authorities to initiate action against Jayalalitha and referred the matter back to the High Court for fresh disposal.
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