The Tamil Nadu Government on Monday moved the Supreme Court against Governor RN Ravi’s refusal to re-induct DMK MLA K Ponmudi as a Minister in the state government.
The government has lodged an interlocutory application in the earlier writ petition filed by it against the Governor over delay in assenting to bills. The application sought a stay on the Governor’s decision taken on March 17 refusing the appointment of K Ponmudi as a Minister. Furthermore, the state also asked for a direction to the Governor to act as per the Chief Minister’s recommendation to appoint K Ponmudi as a Minister.
Senior Advocate Abhishek Manu Singhvi along with Senior Advocate P. Wilson mentioned the matter before Chief Justice of India DY Chandrachud for an urgent listing. Subsequently, the Chief Justice asked Senior Advocate Singhvi to circulate an email and assured that he would look into the request at earliest.
The Tamil Nadu government argued that the Governor has to act as per the Chief Minister’s recommendation in terms of Article 164(1) of the Constitution. The application stated that the Governor is attempting to run a parallel government and is also trying to choose ministers as per his subjective assessment of suitability, which is impermissible.
Additionally, it also cited the Supreme Court’s judgment in the Lok Prahari case which stated that if the conviction is suspended, then disqualification will cease to operate. It further argued that the Governor, by acting against the judgment, is committing contempt of court.
Previous week, the apex court stayed the conviction of K Ponmudi in a disproportionate assets case. Earlier, after the Madras High Court’s order reversing his acquittal in the case, the DMK leader had incurred disqualification under the Representation of the Peoples Act 1951 and had to resign as a Minister.
The top court while staying K Ponmudi’s conviction and sentence, observed that in view of Section 8(3) of the Representation of People Act, 1951, the MLA, who was sentenced to over 2 years of imprisonment, would have incurred disqualification as a result of conviction, yet prima facie the Madras High Court did not consider the main question as to whether the Special Court’s view of acquittal was a possible view.
On March 17, Governor RN Ravi wrote to Chief Minister MK Stalin stating that since K Ponmudi was held guilty by the Madras High Court for a serious offence amounting to moral turpitude, relating to corruption, his re-induction in the Council of Ministers while he remains tainted of corruption would be against Constitutional morality. RN Ravi further added that the conviction has only been suspended and not set aside by the Supreme Court.