Petition challenging oath taking of Jayalalithaa dismissed by Karnataka HC

AIADMK supremo J Jayalalithaa

Dismissing a Public Interest Litigation (PIL) challenging the oath taking of AIADMK supremo J Jayalalithaa as Tamil Nadu’s Chief Minister on May 23, the vacation bench of the Karnataka High Court imposed a cost Rs 25,000 on the petitioner observing it was his attempt to seek publicity.

In his grounds for prayer, Advocate Raviraj Kulkarni emphasised on Special Public Prosecutor B.V. Acharya statement that there was arithmetical error in recent judgement of Karnataka High Court Justice C R Kumaraswamy and SPP’s made suggestion to the Karnataka government that the case was fit for appeal at the Supreme Court. He also added that if Jayalalithaa was allowed to take oath then it would send wrong message in the public that the law makes discrimination between the ordinary citizens and for the VVIPs. Therefore he sought stay on the oath taking of J Jayalalithaa until the final orders.

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Refusing to grant the stay Justice A N Venugopala Gowda in his order said that ‘petition was based on assumption and presumption and mere abuse of process of law’. Respondent Jayalalithaa was neither the resident nor held office office within the State of Karnataka nor neither Karnataka Government the prosecutor was made party in the petition, Justice Gowda observed.

Further pointing defects in the petition Justice Gowda observed that the petition did not satisfy requirements as stipulated by Supreme Court in matter of filing PIL. Also required documents such as the order copy of Karnataka High Court on Jayalalithaa Disproportionate Asset case was attached to the petitioner, he said while imposing cost of Rs. 25000 on the petitioner.