Petition against CM dismissed

By Our Legal Correspondent

NEW DELHI, SEPT. 24. The Supreme Court today dismissed in limine a petition seeking to restrain the Pondicherry Chief Minister, Mr. P. Shanmugham, from asking any of the MLAs to resign, allegedly with inducements, so that he can contest from that constituency and become a Member of the House.

A Bench comprising Mr. Justice S.P. Bharucha and Mr. Justice Y.K. Sabharwal dismissed the petition, which also sought a direction to the Election Commission not to hold a by-election in the event of any of the MLAs vacating the seat.

In his public interest writ petition, Mr. N. Nandhivarman, general secretary of Dravida Peravai, had submitted that Mr. Shanmugham had been appointed Pondicherry Chief Minister though he was not an MLA and he should get himself elected to the Assembly by November 24.

The petitioner alleged that the Chief Minister had been luring the MLAs so that one of them could resign and pave the way for him to contest from that constituency.

The petitioner, citing media reports, alleged that Mr. Shanmugam had prepared a list of three persons for being nominated to the Assembly and one of them was an elected member from Thirunallar constituency. It would show that even after resigning the seat to facilitate Mr. Shanmugham to contest in the by-election, the MLA concerned would not lose his seat as he would be nominated to the Assembly.

A direction to order a CBI enquiry into the allegations of money playing a role for the resignation of an MLA of Pondicherry was also sought in the petition.

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