B.R. KAPUR versus STATE OF TAMIL NADU AND ANR.

B.R. KAPUR versus STATE OF TAMIL NADU AND ANR.

A person convicted and sentenced to imprisonment for not less than two years is disqualified under Section 8(3) of the Representation of the People Act, and cannot be appointed Chief Minister/Minister under Article 164, as they do not fulfil the qualifications under Article 173 and not be disqualified under Article 191; suspension of sentence pending appeal does not remove the disqualification; the Governor’s appointment in contravention is subject to judicial review and is invalid.

Parties
Petitioner: B.R. Kapur; Respondent: State of Tamil Nadu; Respondent: Respondent No. 2 (Chief Minister of Tamil Nadu)
Jurisdiction
India
Judgment Date
21 September 2001
Procedural Posture
Writ Petition/transferred Petition/appeal / Final Judgment
Outcome
Appointment of Respondent No. 2 as Chief Minister quashed; writ petition made absolute.
Legal Topics
Appointment of Chief Minister, Disqualification Under Representation of the People Act, Governor's Powers, Judicial Review, Quo Warranto Proceedings
Constitutional Law Election Law Criminal Law Appointment of Chief Minister Disqualification Under Representation of the People Act Governor's Powers Judicial Review Quo Warranto Proceedings

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Parties

B.R. Kapur

Petitioner

State of Tamil Nadu

Respondent

Respondent No. 2 (Chief Minister of Tamil Nadu)

Respondent

Procedural Posture

Writ Petition/transferred Petition/appeal / Final Judgment

Legal Issues

  1. 1 Whether a person convicted for criminal offences and sentenced to imprisonment for not less than two years can be appointed as Chief Minister/Minister under Article 164 of the Constitution of India
  2. 2 Whether the Governor is obliged to appoint the leader of the majority party as Chief Minister even if the nominee is ineligible under the Constitution
  3. 3 Scope of judicial review of the Governor’s actions under Article 361

Ratio Decidendi

A person convicted and sentenced to imprisonment for not less than two years is disqualified under Section 8(3) of the Representation of the People Act, and cannot be appointed Chief Minister/Minister under Article 164, as they do not fulfil the qualifications under Article 173 and not be disqualified under Article 191; suspension of sentence pending appeal does not remove the disqualification; the Governor’s appointment in contravention is subject to judicial review and is invalid.

Court Disposition

Appointment of Respondent No. 2 as Chief Minister quashed; writ petition made absolute.

Orders

  • Respondent No. 2's appointment as Chief Minister set aside.
  • Writ petition/appeal/transferred writ petition disposed of.