New Delhi: The disqualification of AIADMK chief J Jayalalithaa as a candidate in elections has ended following her acquittal by the Karnataka High Court in the disproportionate assets case, which she had suffered on her conviction last year.
But she will have to contest the election again to become a member of the Tamil Nadu Legislative Assembly, EC sources said.
Sources in the Election Commission today pointed out that “as per the operation of law, her disqualification is over following the court order.”
They, however, clarified that she will have to contest the election “again” to become a member of the legislative assembly. Jayalalithaa represented the Srirangam Assembly constituency which fell vacant from the date of her conviction -- September 27.
“The disqualification is over. But she will have to contest again,” they said, adding that the seats will not return to her automatically.
In a hypothetical scenario, as per law she will have to contest polls within six months of the date she once again takes over as the Chief Minister of the state. In November last year she was disqualified from contesting elections for ten years following her conviction by a Special Court in Bangalore.
Jayalalithaa was convicted and sentenced to four years in jail besides a fine of Rs 100 crore in the disproportionate assets case by a special court in Bangalore. She was released from jail in Bangalore on October 17 as per the Supreme Court order granting her bail in the case.
“Consequent upon the conviction of Selvi J Jayalalithaa, Member of the Legislative Assembly, she stands disqualified for being a Member of the Tamil Nadu Legislative Assembly from the date of conviction, i.e., the 27th day of September, 2014 for the period of her sentence (four years),” the gazette notification dated November 8 issued by the Assembly secretariat read.
It also said that she “shall continue to be disqualified for a further period of six years since her release in terms of the existing Section 8 of the Representation of the People Act, 1951.