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Ms. J. Jayalalitha was elected to the Legislative Assembly of Tamil Nadu on or, the AIADMK ticket in the General Elections held in June 1991 and on being elected as the leader of the party she was sworn-in as the Chief Minister of the State. On 2.10.1992, Dr. Subramanian Swamy preferred a petition to the State Governor under Article 192 of the Constitution of India alleging that the Chief Minister had incurred a disqualification of being a member of the Legislative Assembly of the State, in that, she being a partner in the partnership firm run in the name and style of Messrs Jaya Publications had entered into a contract with the State Government and which contract was subsisting on the date of the petition, in view of sub-clause (e) of clause (1) of Article 191 of the Constitution read with Section 9A of the Representation of the People Act, 1951 (hereinafter called 'the R.P. Act'). It would be advantageous to reproduce the said two provisions at this stage:
"A writ of prohibition is issued to the first respondent (Mr. T.N. Seshan) from in any manner dealing with, hearing, adjudicating upon or disposing of the memorandum dated 2.10.1992 filed by the second respondent (Dr. Subramanian Swamy) and forwarded by the Governor of Tamil Nadu to the first respondent. We make it clear that it is open to the Election Commission, While regulating the procedure for transaction of its business or allocation of its business to allot it to by one of the other two members or to both, as it deems necessary and proper."