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September 6, 2002
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HC strikes down one-man-one-post law, also Stalin's election as Chennai mayor

N Sathiya Moorthy in Chennai

DMK leader M K Stalin will not be able to benefit from a major ruling in his favour in the one-man-one-post law case after the Madras high court on Friday simultaneously held his election as Chennai mayor for a second term last year as not valid in law.

Acting on a public interest litigation, a bench comprising Chief Justice B Subhashan Reddy and Justice D Murugesan struck down the one-man-one-post law, passed by the state government earlier this year.

According to the one-man-one-post law, a person elected to the state assembly cannot simultaneously hold the post of mayor in a civic body. This had deprived Stalin the post of Chennai mayor as he had been elected to the assembly last year.

The court was also hearing a writ petition challenging Stalin's election as Chennai mayor for a second time, citing the Madras Corporation Act, which provides for an annual change of the mayor through indirect elections and based on a cyclic representation of castes.

In this case, the court ruled against Stalin, who had argued that this particular Act had been superseded by a constitutional amendment.

It has declared the post vacant and ordered fresh elections within the next six months

More reports from Tamil Nadu

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