Supreme Court to consider TN’s plea against Governor over minister’s appointment

Tribune News Service

New Delhi, March 18

The Supreme Court (SC) on Monday agreed to consider Tamil Nadu Government’s petition challenging Governor RN Ravi’s refusal to appoint senior DMK leader K Ponmudy as a minister in the state Cabinet.

The Governor has refused to re-induct former Higher Education Minister Ponmudy in the state Cabinet, saying it would be against constitutional morality.

“This is the same errant Governor who was earlier dealt with by this court. The Supreme Court stayed the conviction (of Ponmudy). The Chief Minister recommends his appointment. The Governor writes a letter and says it is constitutionally immoral,” senior counsel AM Singhvi told a Bench led by CJI DY Chandrachud while seeking urgent listing of the matter.

“Please send an email. I will look into the email,” the CJI told Singhvi.

The Tamil Nadu Government wanted the top court to direct the Governor to act as per the “aid and advice” of the council of ministers led by Chief Minister MK Stalin.

In his letter to Chief Minister Stalin, the Governor said the Supreme Court only suspended the conviction of Ponmudy by way of an interim order.

Once the conviction was stayed, there was no legal and constitutional bar on re-induction of Ponmudy in the state cabinet, the Tamil Nadu Government contended.

Ponmudy was disqualified as an MLA under the Representation of the People Act after the Madras High Court recently reversed his acquittal in a disproportionate assets case. However, the Supreme Court stayed his conviction and the over two-year prison term. Following the top court’s order, Ponmudy was reinstated as an MLA but the Governor maintained that his conviction and sentence had only been suspended and not set aside.

The TN Government has filed an interim plea in a pending petition relating to non-grant of assent to Bills cleared by the legislative assembly. It has referred to a constitutional scheme to buttress the submission to say that the Governor was bound by the aid and advice of the council of ministers.

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