Bengaluru, June 17: The Karnataka government will seek before the Supreme Court the disqualification of J Jayalalithaa’s membership of the Tamil Nadu Legislative Assembly. The verdict of the High Court acquitting her automatically entitles her to contest the election to the Tamil Nadu Legislative Assembly.
In the appeal to be filed before the Supreme Court by Monday, the Karnataka government will challenge the order of the verdict of the High Court which had acquitted her and three other in the disproportionate assets case. Sources in the law department of Karnataka tell OneIndia that the appeal will be filed latest by Monday.
Sources in the law department of Karnataka tell OneIndia that the appeal will be filed latest by Monday.
Disqualify Jayalalithaa's membership
The appeal which is being filed by the Karnataka government which is the prosecuting agency in this case will seek in its interim prayer to disqualify Jayalalithaa’s membership to the Tamil Nadu legislative assembly. If the interim prayer is granted then she will need to step down as the Chief Minister of Tamil Nadu. Moreover she will also not be entitled to contest the elections on July 27th.
The final prayer in the appeal would however be to set aside the order of the Karnataka High Court and restore the verdict of the trial court. The trial court while convicting Jayalalithaa had sentenced her to four years imprisonment.
The Karnataka High Court had however set aside the trial court verdict.
Under challenge would be various other factors pointing out the errors made by the High Court while delivering the verdict. In the appeal, the alleged arithmetic errors would be challenged and Karnataka would argue that as a result of these errors she was acquitted.
B V Acharya will argue case in Supreme Court
The notification appointing senior advocate, B C Acharya as a special counsel in this case was issued last week by the secretary to the law department, Karnataka government. As he is well aware of the facts of the case, he was chosen to represent the state of Karnataka in the Supreme Court.
B V Acharya will be assisted by advocate Sandesh J Chouta in the Supreme Court, the notification numbered Law 48 LCE 2015 also states.
Chouta had assisted Acharya when the case had first come up before the trial court after it was transferred to Karnataka. However Acharya stepped down alleging pressure following which G Bhavani Singh was appointed as the Special Public Prosecutor.
However the Supreme Court struck down the appointment of Bhavani Singh terming the same as illegal. Acharya was brought back into the case before the High Court and he had filed written arguments two weeks before the verdict was pronounced.
In addition to this there would be three other advocates in the Supreme Court to assist the special counsel in the case before the Supreme Court. The appeal is likely to be filed by next Monday.