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June 16, 1998

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Plea filed to dismiss Karunanidhi for bigamy

A writ of quo warranto has been filed in the Madras high court seeking the resignation of Tamil Nadu Chief Minister M Karunanidhi or to issue a direction to the state governor to dismiss him for entering into a second marriage, in violation of the provisions of the Madras Hindu (Bigamy Prevention Divorce) Act of 1949.

The writ, filed by former All India Anna DMK minister M Chinnaswamy, also sought a direction to the state chief secretary to extend official recognition only to Karunanidhi's home at Gopalapuram in Madras, where he lives with his first wife.

The petitioner submitted that there had been several cases, wherein government servants were proceeded against for marrying for a second time during the subsistence of their first marriage as it constituted misconduct within the meaning of the Tamil Nadu government servants conduct rules.

He submitted that a person holding constitutional office was required to take an oath to abide by the Constitution and laws and Karunanidhi, by his conduct, had become ineligible to hold the office of chief minister. The governor, who is the appointing authority under Article 164 (1) of the Constitution, should dismiss him, he added.

UNI

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