Supreme Court · 2001 INSC 453 · Decided 21 September 2001
B.R. Kapur v. State of Tamil Nadu and ANR.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 453 · [2001] SUPP. 3 S.C.R. 191
- Case number
- WRIT PETITION (CIVIL) No. 242/2001
- Decided
- 21 September 2001
- Bench
- S.P. BHARUCHA, G.B. PATTANAIK, Y.K. SABHARWAL, RUMA PAL, BRIJESH KUMAR (5-judge bench)
- Outcome
- Disposed off
- Case type
- Writ / Constitutional
- Acts & sections cited
- IPC Section 13(1)(c), 13(1)(d), 13(2), 409; CrPC Section 389(2); Constitution Article 361, 226, 32, 191, 164; Prevention of Corruption Act Section 13(1)(c), 13(1)(d), 13(2); Representation of the People Act Section 191
Headnote
Constit~ttion of India-Articles 164.:__Appointment of Chief Minister­ Govemor's power-Person convicted and sentenced to more than two years' imprisonment-Her party winning large majofity in general election-Party C electing her as their leader-Governor appointing her as the Chief Minister­ to imprisonment for a period not less than two years cannot be appointed the Chief Minister­ Hence her appointment quashed-Representation of the People Act, 195I­ Section 8( 3 ). Constitution of India-Articles I64, 173 and 191-Chief Minister/ Minister-Qual{fications for
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)