Judgment

Bharucha, J.—(On his own behalf and on behalf of Y.K. Sabharwal and Mrs. Ruma Pal, JJ.)

Leave 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 Section 120B of the Indian Penal Code read with Sections 13(1)(c), 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 and for the offence under Section 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.

4. The fine that was imposed in both cases was paid.

5. The second respondent preferred appeals against her conviction before the High Court at Madras. The appeals are pending. On appli