JUDGMENT

Ahmadi, CJI .-This is an appeal preferred by the Election Commission of India and Shri T.N. Seshan, the Chief Election Commissioner, (when the former was a single-member commission) against the decision of the Division Bench of the High Court of Madras dated 15.11.1993 by which, reversing the view taken by the learned single Judge of the High Court dated 2.7.1993, it held that in view of the promulgation of Ordinance (Ordinance No. 32 of 1993) the doctrine of necessity was no more attracted and applicable in the facts and circumstances of the case. The question raised in this appeal arises in the backdrop of the following facts :

2. Ms. J. Jayalalitha was elected to the Legislative Assembly of Tamil Nadu on the AIADMK ticket in the General Sections held in June 1991 and on being elected as the leader of the party she was sworn-in as the Chief Minister of the State. On 2.10.1992, Dr. Subramanian Swamy preferred a petition to the Governor under Article 192 of the Constitution of India alleging that the Chief Minister had incurred a disqualification of being a member of the Legislative Assembly of the State, in that, she being a partner in the partnership firm run in the name