- The
issue was decided in negative by the Hon'ble SC in the B.R. KAPOOR v STATE OF TAMIL
NADU AND ANR. DOJ 21/09/2001 (Ms. J. Jayalalitha Case)
- The
SC held that “ person who is convicted for a criminal offence and sentenced to
imprisonment for a period of not less than two years cannot
be appointed the Chief Minister of a State under Article 164(1) read with (4)
and cannot continue to function as such.
- It may be
noted that vide s. 8 (m) of the RPA, 1951 wef 2003 in cases qua the PCA, 1988
–no minimum stipulation of 2 years
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