Governor Vidyasagar Rao is learnt to have concluded that 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 conclusion.

VK Sasikala’s hopes of taking over as Tamil Nadu Chief Minister

pending decision in the disproportionate assets case

No report has been sent from Governor C Vidyasagar Rao to Ministry of Home Affairs: Raj Bhavan PRO pic.twitter.com/Q0nHaGzTCr



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the Governor, in arriving at his decision

allegations of MLAs being confined and possibilities of horse trading

HYDERABAD:seem to have gone up in smoke. Governor Vidyasagar Rao is learnt to have concluded that it would be imprudent to invite her to form the government. He is learnt to have cited theand her not being an MLA as rationale for his conclusion.The Governor's office in Chennai however has said categorically that no report has been submitted to the Centre yet.The Governor’s conclusion 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.Rao 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 have said, 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 also 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.In addition,, is learnt to have relied on a previous SC judgement that dwelt on the nature of disqualification or restriction of a non-member who gets appointed as a minister or chief minister. In that instance, the SC had said that such circumstances can be interpreted as restricting the powers vested in the governor as per Article 164(4).The Governor is believed to have arrived at the conclusion that “even where there is an iota of doubt about the ability of the person to get elected to Assembly within six months, Article 164 (4) has to be interpreted as a restriction/disqualification as contained in the interpretation by the Hon’ble Supreme Court….”Rao is learnt to have also concluded that he “is also bound by Constitution to satisfy himself that a person staking claim world form a stable government. In view of the impending judgement in the DPA case an uncertainty exists about the qualification of TMT. V.K. Sasikala to become an MLA.”The Governor, it is learnt, believes that with Panneerselvam, after his resignation, having been asked to continue as the Chief Minister till alternative arrangements are made, there is no vacuum and hence there is no need for being unduly alarmed.”Vidyasagar Rao, it is learnt, is also concerned over. On Friday, the Governor met with Tamil Nadu’s Chief Secretary and the Director General of Police and the Chennai Police Commissioner and instructed them to ensure that the MLAs are at their free will.