TN Governor likely to await SC ruling in Sasikala case..THE HINDU
Not being an MLA is seen as a ‘restrictive’ factor to her swearing-in
Rival factions of the AIADMK, led by interim general secretary V.K. Sasikala and Chief Minister O. Panneerselvam, may have to wait longer for Governor Ch. Vidyasagar Rao to decide on their claims of majority support in the Assembly. The Governor, in his assessment of the situation, has indicated that he is inclined to wait till the Supreme Court delivers its verdict on the appeals in the disproportionate assets cases against Ms. Sasikala.
Noting that Ms. Sasikala is not a member of the Assembly, the Governor has apparently been advised to consider this as a “restrictive” factor in swearing her in as CM.
Technically, there is no bar on a non-legislator to be sworn in as Minister. Article 164 (4) of the Constitution merely states: “A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister.”
Not an enabling clause: SC
However, the Supreme Court had in a judgment — B.R. Kapoor Vs State of Tamil Nadu and Others, September 2001 — held: “Article 164 (4) is not a source of power or an enabling provision for appointment of a non-legislator as a Minister even for a short duration. It is actually in the nature of disqualification or restriction for a non-member, who has been appointed as a Chief Minister or a Minister as the case may be, to continue in office, without getting elected within a period of six months.”
Sources said in the backdrop of the Supreme Court indicating that it would deliver the judgement in the assets case against Ms. Sasikala soon, the Governor was wondering whether she would be able to contest an election as legislator within six months (should she be convicted).
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