The Tamil Nadu government moved the Supreme Court against Governor R.N. Ravi on Monday as the latter refused to appoint DMK leader and legislator K. Ponmudy as a minister in the Stalin cabinet. Ponmudy was reinstated as MLA recently after the Supreme Court suspended his conviction by the Madras High Court in a disproportionate assets case.
According to reports, the governor has reportedly informed Chief Minister M.K. Stalin that he wouldn’t be able to administer the ministerial oath to K. Ponmudy as the Supreme Court has only suspended his conviction and not acquitted him. The chief minister had requested Ravi to swear in Ponmudy either on March 13 or March 14. However, Ravi left for New Delhi on March 14 and returned to Chennai on March 16. Later on March 17, he sent the letter to the chief minister and refused to re-induct Ponmudy into the cabinet.
Senior Advocates Abhishek Manu Singhvi and DMK’s P. Wilson mentioned the government’s application before the bench headed by Chief Justice of India D.Y. Chandrachud. Wilson also sought an urgent listing of the matter. “Governor Ravi is proving to be a repeat offender and is acting with scant regard to the Constitution,” says DMK’s Rajya Sabha MP P Wilson.
“All constitutional functionaries have abided by the order of the Supreme Court of India. Despite all of this, Ravi has given the Supreme Court order his own interpretation and states that the conviction has only been suspended, not set aside. This is an absurd interpretation and is an affront to the Supreme Court of India’s order. The Governor is bound by the orders of the Supreme Court of India under Article 142 and 144 of the Constitution of India,” said Wilson.
In the petition, the state government alleged governor is attempting to run a parallel government in the state and is “attempting to choose minister as per his subjective assessment of suitability, which is impermissible”. The state also charged the governor is violating section 164(1) of the Indian Constitution as he is refusing to appoint Ponmudy minister despite Chief Minister M.K. Stalin recommending his name.
Ponmudy, the former higher education minister of Tamil Nadu was convicted in December last year by the Madras High Court in a disproportionate assets case and the Tamil Nadu Assembly Secretariat declared his Tirukoyilur constituency as 'deemed to have become vacant' from the date of his conviction. However, the Supreme Court suspended his conviction on March 11 and Ponmudy was reinstated in the Assembly.
The state had moved the apex court against the governor earlier as well after Ravi delayed his assent to key bills passed by the Tamil Nadu Assembly for more than a year.
-with inputs from Lakshmi Subramanian.
