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HYDERABAD: VK Sasikala's hopes of taking over as Tamil Nadu Chief Minister seem to have gone up in smoke. Governor Vidyasagar Rao is learnt to have submitted a report to the Union Home Ministry saying it would be imprudent to invite her to form the government. He is learnt to have cited the pending decision in the disproportionate assets case and her not being an MLA as rationale for his recommendation.
The Governor's report to the Centre comes a day after the leaders to the two warring factions of Tamil Nadu's ruling AIADMK - Sasikala and O Panneerselvam - met the Governor and staked claim to form the government.
The Governor is learnt to have concluded that the impending Supreme Court judgement in the DA case raises a doubt over whether "she (Sasikala) will be in a position to contest election to get elected as a legislator within six months."
The Supreme Court is expected to deliver the judgement in the 18-year-old case in the coming week.
Vidyasagar Rao, the Governor of Maharashtra, also holds additional charge of Tamil Nadu.
In a note sent to the Centre on Friday, he is learnt to have concluded that with Sasikala not being a legislator, the provisions of Article 164 (1) of the Constitution cannot be considered to invite her to prove her strength.
The circumstances of the present case, Vidyasagar Rao is learnt to believe, present "a unique set of constitutional issues with no precedent of its kind," and needs to be considered not just as per Article 164 (1) but this Article read with Article 164 (4). The latter explains that anyone who is a minister but not elected within six months as a legislator, ceases to be a minister.



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