Jaya nominations: SC tells HC to relook case
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The Supreme Court on Wednesday set aside the Madras High Court order to prosecute Tamil Nadu Chief Minister J Jayalalithaa for filing a false declaration in her nomination papers during the 2001 Assembly polls.
The court observed that the High Court got swayed by her stature and passed an 'inappropriate' adverse order.
A Bench of Justices H L Dattu and C K Prasad remitted the matter back to the HC for examining the matter afresh after considering "relevant" reports by the Returning Officers (RO), who examined allegations against her for filing four nomination papers in the polls.
The two ROs in their report had refused a plea to initiate criminal proceedings against Jayalalithaa after underlining that she had not suppressed the fact about her filing multiple nominations. The officers had also noted that she could not use any of these nomination since she had been barred from contesting the polls following her conviction in a criminal case.
While ordering to lodge a criminal case against her, the Bench noted, the HC had not gone into the merits of the reports by the ROs and passed a positive direction right away.
"With utmost respect to the HC, we must say that it was swayed by the fact that the person whose prosecution was being asked for had been a CM and her party was in power," observed the Bench. Asking the HC to decide the matter preferably within four months in view of the pendency of the matter for the last 11 years, the court said the reports by the ROs must be now placed before the HC to enable them take a proper view of the issue.