These orders were not challenged.In April, 2001 the second respondent filed nomination papersfor four constituencies in respect of the general election to be held tothe Tamil Nadu Assembly.On 24th April, 2001 three nominationpapers were rejected on account of her disqualification under Section8(3) of the Representation of the People Act, 1951, by reason of herconviction and sentence in the two criminal cases.The fourthnomination paper was rejected for the reason that she had filed hernomination for more than two seats.The correctness of the orders ofrejection was not called in question.On 13th May, 2001 the results of the election to the TamilNadu Assembly were announced and the AIADMK party, which hadprojected the second respondent as its Chief Ministerial nominee, wonby a large majority.On 14th May, 2001, consequent upon the result ofthe election, the AIADMK elected the second respondent as itsleader.On 14th May, 2001 the second respondent was sworn in asChief Minister of the State of Tamil Nadu.JUDGMENTWithW.P.(C) No. 245 of 2001, W.P.(C) No. 246 of 2001, W.P.(C)No.& C.A. No. 6589 of 2001 @ S.L.P. (C) No.11763 of 2001DELIVERED BY:S.P.BHARUCHA, J., BRIJESH KUMAR, J.G.B.PATTANAIK Bharucha, J.Leave granted.A question of great constitutional importance arises in thesematters, namely, whether a person who has been convicted of acriminal offence and whose conviction has not been suspendedpending appeal can be sworn in and can continue to function as theChief Minister of a State.In respect of thattenure in office she was (in CC 4 of 1997 and CC 13 of 1997)convicted for offences punishable under Section 120B of the IndianPenal Code read with Sections 13(1)(c), 13(1)(d) and 13(2) of thePrevention of Corruption Act, 1988 and for the offence under Section409 of the Indian Penal Code.She w as sentenced to undergo 3years rigorous imprisonment and pay a fine of Rs.10,000 in the firstcase and to undergo 2 years rigorous imprisonment and pay a fine ofRs.5000 in the second case.The fine that was imposed in both cases was paid.The second respondent preferred appeals against her convictionbefore the High Court at Madras.The appeals are pending.In S.P. Anand, Indore Vs.H.D. Deve Gowda and Others [1996(6) SCC 734], the first respondent, who was not a member ofParliament, was sworn in as Prime Minister.Reference was made to the earlierjudgments.It was held, on a parity of reasoning if a person who isnot a member of the State Legislature can be appointed a ChiefMinister of a State under Article 164(4) for six months, a person whois not a member of either House of Parliament can be appointed PrimeMinister for the same period.At the time of his appointment as a Minister Tej Parkash Singhwas not a member of the Punjab Legislative Assembly.He was notelected as a member of that Assembly within a period of six monthsand he submitted his resignation.During the same legislative termSardar Harcharan Singh Barar was replaced as Chief Minister by Smt.No order as to costs.Itreads as follows:-The original common-law writ of quowarranto was a civil writ at the suit of the crown,and not a criminal prosecution.It was in the natureof a writ of right by the King against one whousurped or claimed franchises or liabilities, toinquire by what right he claimed them.

Cited provisions: Section 409 in The Indian Penal Code; Section 120B in The Indian Penal Code