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Janata Party President Subramanian Swamy Monday sought a direction from the Madras High Court to restrain All India Anna Dravida Munnetra Kazhagam supremo J Jayalalitha from functioning as Tamil Nadu chief minister on the ground that a person disqualified from being a member of the assembly cannot be appointed as chief minister.
Questioning the appointment, Swamy, in a Public Interest Litigation, sought a court direction to Jayalalitha to explain under what authority she 'used, enjoyed and performed the rights, duties and privileges of the office of the chief minister.'
He said Jayalalitha had been disqualified from being elected as an MLA following her conviction in corruption cases under a constitutional provision to preserve and protect the sovereignty and integrity of India and the rule of law.
The appointment of Jayalalitha apart from being illegal was also morally not tenable and injurious to the democratic system and rule of law, he contended and sought an interim stay still the disposal of his petition.
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