A public interest litigation petition was filed in the Supreme Court on Thursday seeking a direction to the Tamil Nadu Governor not to permit AIADMK general secretary Jayalalithaa to be sworn in as Chief Minister.

Ms. Jayalalithaa is likely to be sworn in on May 23.
Listing of plea

The petition by Supreme Court lawyer G.S. Mani has been given a diary number and will have to be checked for defects by the apex court registry before it is listed for hearing.It wanted the court to declare that Ms. Jayalalithaa has “no authority, no locus, is ineligible and disqualified to hold or occupy the constitutional post or office of the Chief Minister of Tamil Nadu.”

It sought framing of guidelines for re-appointment of an MLA or MP disqualified for corruption as per the Lilly Thomas judgment.

The petition said a person should not be made to assume a constitutional office like the Chief Minister’s without being re-elected or his acquittal confirmed by the Supreme Court.

Earlier this week, a special leave petition was filed in the Supreme Court against the acquittal of Ms. Jayalalithaa and her co-accused by the Karnataka High Court in the disproportionate assets case.

This petition was filed by Chennai-based activist K.R. Ramaswamy alias Traffic Ramaswamy. Mr. Ramaswamy was neither an intervenor nor a party in litigation concerning this assets case.

The Karnataka government is yet to move the Supreme Court in appeal. BJP leader Subramanian Swamy, an intervenor, or DMK leader K. Anbazhagan, who had challenged former Special Public Prosecutor Bhavani Singh’s role in the appeals before the High Court, are yet to move the Supreme Court against the acquittal.

The May 11 acquittal of Ms. Jayalalithaa in the 19-year-old disproportionate assets case paves the way for her return as Chief Minister.