Three of the accused in the disproportionate asset case against Tamil Nadu Chief Minister Jayalalithaa -- among them her close aide Sasikala Natarajan on Monday filed petitions in the high court, seeking a writ of quo warranto against the special judge trying the case and a writ of declaration declaring his appointment as "null and void".
Sasikala, V Sudhakaran and Ilavarasi in their petitions in the high court, prayed for issue a writ of quo warranto against B M Mallikarjunaiah, the first respondent, requiring him to show appointment or notification by the government as a special judge presiding over the 36th additional city civil and sessions court.
They also sought to forbear him from functioning as special judge and deal with the case filed under the Prevention of Corruption Act.
In the second prayer, they sought issue of a writ of declaration or any other order declaring his proposed appointment as special judge reportedly in violation of statutory requirement under Section 3(1) of the PC Act 1988 as "null and void" and consequently forbear him from functioning as a special judge".
On July 17, the court had rejected petitions filed by Tamil Nadu Chief Minister Jayalalithaa and others challenging appointment of special judge to try the disproportionate asset case filed against Jayalalithaa.
Judge Mallikarjunaiah observed there were no substantial grounds in the contention of the petitioners that the present presiding officer in this case is not the Special Judge under Section 3 of the Prevention of Corruption (PC) Act.
The court then adjourned the case to July 24 for further recording of the statement of Sasikala under Section 313 of CrPC, with a notice to the interpreter C Harish to be present that day.
