The Madras High Court on Wednesday directed the Election Commission to take action according to law on a complaint that All India Anna Dravida Munnetra Kazhagam supremo Jayalalithaa filed a 'false affidavit' during the 2001 assembly polls.
Admitting a petition by the Dravida Munnetra Kazhagam parliamentarian C Kuppusamy, who sought the court's direction to the EC, a division bench comprising Justice Dharmarao Elipe and Justice S Palinivelu directed the Commission to take action as per the law.
In his petition, Kuppusamy had said that during the 2001 polls Jayalalithaa had suppressed the fact that she had filed nominations from four seats and filed a 'false affidavit' saying that she had filed papers from only two constituencies.
Kuppusamy contended that he had then lodged a complaint with the EC on the matter but no action was taken. Seeking action, he moved the High Court in 2002.
Jayalalithaa had filed nomination papers from Krishnagiri, Pudukottai, Andipatti and Bhuvanagiri constituencies during the 2001 assembly polls.
However, she could not contest as her papers were rejected in all the four constituencies on technical grounds.
After the polls, she was invited by the then governor Fathima Beevi to form a ministry in May 2001.
However, her appointment was quashed by the Supreme Court on November 23 the same year on a petition filed by DMK general secretary K Anbazhagan saying that it was unconstitutional to appoint her as the chief minister as she had been convicted by a lower court in the TANSI land case.
O Pannerselvam was made the chief minister then. However, after she was acquitted in the TANSI case by the Supreme Court, she successfully contested Andipatti seat in a by-election and was sworn in as the chief minister in March 2002.
EC to act on HC direction:
The Election Commission has said that it would act on the Madras High Court direction to it in the matter.
"If the high court has said that action should be taken within a specified period, we will do that," Chief Election Commissioner N Gopalaswami told media persons.
