The Madras High Court today dismissed a petition challenging AIADMK leader O Pannerselvam taking oath as Deputy Chief Minister.
The first bench comprising Chief Justice Indira Banerjee and Justice M Sundar dismissed the quo warranto petition filed by advocate V Elangovan.
The bench while doing so referred to a Supreme Court judgement, in which late Devi Lal's appointment as Deputy Prime Minister was challenged and a Bombay High Court judgement in which Gopinath Munde's appointment as Deputy Chief Minister was challenged.
Elangovan, in his August 29 PIL, had contended that there was "no provision in the Constitution for the appointment of a Deputy Chief Minister".
Pannerselvam took oath as deputy Chief Minister contrary to the Constitution, he claimed.
He should have taken oath only as a minister and not as deputy Chief Minister and hence his appointment was not valid, Elangovan claimed.
According to the Constitution, there can be only a chief minister and ministers, he had said.
The petitioner had prayed for a court direction asking Pannerselvam to show cause under what authority of law he took oath as deputy Chief Minister and holding that position.
Panneerselvam was sworn in as deputy Chief Minister on August 21 marking the unification of AIADMK factions led by him and Chief Minister K Palaniswami.