A decision on swearing in of AIADMK General Secretary V K Sasikala as Tamil Nadu Chief Minister is yet to be taken by CH Vidya Sagar Rao, the Maharashtra Governor who also holds the charge of the southern state.
The swearing-in was apparently delayed after the Supreme Court had yesterday indicated it could deliver a judgement soon in a disproportionate assets case against Sasikala, who became general secretary of AIADMK after the death of Jayalalithaa.
A conviction after being sworn in could result in Sasikala having to step down as chief minister.
The Governor, according to reports, is against a "hasty swearing-in" and is consulting legal experts on whether Sasikala, who has never contested any election, can become Chief Minister at the time when the verdict in a corruption case is due within a week.
Rao’s hesitation in administering the oath of office to Sasikala lies in history that goes back to year 2001.
In May 2001, Jayalalithaa led the AIADMK to a win in Tamil Nadu Assembly elections even though she herself was barred from contesting the polls as she had been convicted in the TANSI land scam case in October 2000. She had been sentenced to two separate prison terms of 3 years and 2 years each by a lower a court and was disallowed from contesting elections for 6 years.
But the then Governor Fathima Beevi invited Jayalalithaa to become the CM, barely 8 months after her conviction.
Fathima Beevi, the first woman judge of the Supreme Court, invoked Article 164 of the Constitution, which allows a non-member of the state Legislature to become the Chief Minister.
However, the Supreme Court disqualified her in 2001 and also criticised Fathima Beevi for the decision. However, Jayalalithaa was later acquitted by the SC.
While Fathima Beevi had quoted the “will of the people” as justification for her decision which the SC called an “absurd interpretation” of the Constitution.
“Such a dangerous such an absurd interpretation of Article 164 has to be rejected out of hand. The Constitution prevails over the will of the people as expressed through the majority party. The will of the people as expressed through the majority party prevails only if it is in accord with the Constitution,” the apex court had said.
The historic verdict would be on Vidyasagar Rao’s mind when he considers the swearing in of Sasikala.
Meanwhile, Chief Minister O Panneerselvam, who had resigned from the post after Sasikala was elected the leader of AIADMK legislature party, revolted against the party General Secretary and said he was forced to quit.
He added that he would withdraw the resignation if the party cadres wished.
