Jaya's files counter in poll PIL

Chennai, Apr 25 (UNI) Former Chief Minister and AIADMK General Secretary J Jayalalithaa today told the Madras High Court that a PIL seeking permission for prosecution against her for allegedly filing false declaration in four constituencies for May 2001 Assembly elections, deserved to be dismissed.

In her counter affidavit, she said the petition had to be dismissed due to the stand taken by the Election Commission of India (ECI) and the ''infructuous and futile'' nature of the matter.

DMK MP C Kuppusamy had filed the PIL seeking prosecution against the AIADMK chief for false declaration while filing her papers in in four constituencies for May 2001 Assembly elections.

The matter came up before a Division Bench comprising Justices Dharamarao Elipe and S Palanivelu.

The Bench adjourned to tomorrow further hearing of the PIL, following a plea made by the petitioner.

In her counter, Ms Jayalalithaa said a wrong impression about the legal position had been deliberately created by the petitioner who was harping on the same without appreciating the legal position in this context.

As per the reading of the provisions of Representation of the People Act (RPA), the subsequent two nominations would be invalid provided they could be classified and brought under the caption of nomination.

A nomination of a candidate contained several documents and compliance with several procedural aspects including taking oath.

She had not taken oath beyond two constituencies. An invalid nomination was not a nomination within the meaning of RPA, she added.

Ms Jayalalithaa said as on date six full years stood completed from the said date. With this length of period, assuming without conceding that any prosecution could be launched, it was clearly barred by limitation.

''The entire issue has become infructuous and futile. The petitioner had not come with a clean conscience or clean mind or clean objective,'' she submitted.

His entire aim seemed to be to place the Leader of the Opposition in a legal quagmire. His party had foisted scores of cases against her of which she had been acquitted in 12 so far.

This will indicate how vengeful they are, she added.

UNI