(1.) Laeave granted.
(2.) A question of great constitutional importance arises in these matters, namely whether a person who has been convicted of a criminal offence and whose conviction has not been suspended pending appeal can be sworn in and can continue to function as the Chief Minister of a State.
(3.) The second respondent, Ms. J. Jayalalitha, was Chief Minister of the State of Tamil Nadu between 1991 and 1996. In respect of that tenure in office she was (in CC 4 of 1997 and CC 13 of 1997) convicted for offences punishable under S. 120-B of the Indian Penal Code read with Ss. 13(1) ,(c) 13(2) of the Prevention of Corruption Act, 1988 and for the offence under S. 409 of the Indian Penal Code. She was sentenced to undergo 3 years' rigorous imprisonment and pay a fine of Rs. 10,000 in the first case and to undergo 2 years' rigorous imprisonment and pay a fine of Rs. 5000 in the second case.
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