The Supreme Court on Monday agreed to consider a plea from the Tamil Nadu government against Governor RN Ravi’s refusal to appoint senior DMK leader K Ponmudi as a minister in the state cabinet.
The governor recently declined to re-induct the senior DMK leader and former Higher Education Minister into the state cabinet, citing concerns about constitutional morality.
A bench consisting of Chief Justice D Y Chandrachud along with justices JB Pardiwala and Manoj Misra acknowledged the submissions of senior advocate Abhishek Singhvi, representing the state government, who emphasized the urgency of the matter for a hearing. The state government has requested the court to direct the governor to act in accordance with the advice of the council of ministers led by Chief Minister M K Stalin.
Singhvi pointed out, “This is the same errant governor who was previously dealt with by this court. The Supreme Court suspended the conviction (of Ponmudi). The chief minister recommended his appointment. The governor wrote a letter and stated it was constitutionally immoral.” “Please send an email. I will look into the email,” replied the CJI.
The governor, in a letter to Stalin, mentioned that the apex court only suspended Ponmudi’s conviction through an interim order. Despite this, the governor refused to appoint the leader in the Stalin cabinet. The state government filed an interim plea in a petition regarding the non-grant of assent to bills cleared by the legislative assembly.
The plea referred to a constitutional scheme to support the argument that the governor is bound by the advice of the council of ministers. It stated that once the conviction was stayed, there was no legal or constitutional barrier to Ponmudi’s re-induction into the state cabinet.
The senior DMK leader was disqualified as an MLA under the Representation of the People Act after the Madras High Court recently overturned his acquittal in a disproportionate assets case. The top court stayed the conviction and the sentence of the leader, who was sentenced to over two years’ imprisonment. Subsequently, the state government reinstated Ponmudi as a legislator after the Supreme Court suspended his conviction in the disproportionate assets case. The governor argued that the conviction and sentence were only suspended and not set aside.
