The destiny of AIADMK general secretary V K Sasikala, who has staked case to shape the administration in Tamil Nadu and is attempting to put down a defiance drove via guardian Chief Minister O Panneerselvam, is probably going to be chosen Tuesday when the Supreme Court conveys its decision on an unbalanced resources case in which she is a co-accused.
If Sasikala were to be indicted for the situation – her guide, the late J Jayalalithaa is the first charged – the AIADMK adjust is probably going to tilt towards Panneerselvam in their battle to wind up distinctly Chief Minister.
Be that as it may, on the off chance that she is vindicated, it will invigorate Sasikala’s claim to the seat. The judgment will be conveyed Tuesday morning by a seat of Justices P C Ghose and Amitava Roy.
Both judges have prepared separate judgments on the Karnataka government’s allure against the vindication of Jayalalithaa, Sasikala and two other co-denounced in the two-decade-old case.In another improvement Monday, Attorney General Mukul Rohatgi exhorted Governor C Vidyasagar Rao to hold a composite floor test in the get together, setting Sasikala against Panneerselvam to test who summons support of the lion’s share MLAs.
Rohatgi proposed that an extraordinary session be gathered in seven days for the floor test.In his assessment, Rohatgi refered to the point of reference of a composite floor test between Jagdambika Pal and Kalyan Singh in the Uttar Pradesh get together. In its 1998 judgment, the Supreme Court had requested a story test in the gathering to figure out who among the two inquirers – Jagdambika Pal and Kalyan Singh – had dominant part bolster for the main ministership of Uttar Pradesh.
Rohatgi likewise included that the Supreme Court judgment in the DA case would additionally elucidate the position with respect to Sasikala’s odds to assert the top occupation. As indicated by charges in the DA case, Jayalalithaa had contrived with three co-denounced – Sasikala, Sasikala’s sister-in-law Ilavarasi and Sasikala’s nephew V N Sudhakaran (Jayalalithaa’s encourage child who she abandoned later) – to obtain resources of Rs 66.65 crore, which was lopsided to her known wellsprings of salary.
The arraignment charged that while Jayalalithaa was the first denounced, the other three abetted the offense by going about as benami proprietors of 32 private firms.
If the judges give separate but concurring verdict
In case Sasikala is convicted and sentenced to a jail term, she is disqualified under the Representation of the People Act from becoming Chief Minister and contesting polls for six years from the date of release from prison.
If the High Court order of acquittal is upheld by both judges, the focus will shift to the Governor who will be bound to take a call on resolving the political crisis. The Governor could, in accordance with the AG’s opinion, seek a floor test. The matter could also be referred back to the Karnataka High Court to decide it afresh on merit, and to determine whether appeals should be heard afresh since the prime accused is no more.
Should the Supreme Court set aside the High Court order and not stay the conviction by the trial court, Sasikala may still be automatically disqualified under law.
If the judges give separate and dissenting verdict
If the judges differ with each other on any of the aspect pertinent to the case, the case will have to be placed before the Chief Justice for setting up a three-judge bench to hear the whole matter afresh. In case of a mere reference to a larger bench, the acquittal order would be operative until the three-judge bench decides it and Sasikala remains competent to take up the chief ministerial role.
In case the judges agree with each other in setting aside Sasikala’s acquittal but differ on the quantum of punishment, she would still be disqualified from becoming Chief Minister since she would need to win an election and become an MLA within six months of the swearing-in .