Tamil Nadu moves Supreme Court against Governor's refusal to re-induct K Ponmudi into Cabinet

The Tamil Nadu government has approached the Supreme Court seeking directions to Governor RN Ravi to re-induct Dravida Munnetra Kazhagam (DMK) leader K Ponmudy into the State cabinet after his conviction in a criminal case was stayed by the Supreme Court last week. .Senior Advocates Abhishek Manu Singhvi and P Wilson today mentioned TN government’s application before the bench headed by Chief Justice of India (CJI) DY Chandrachud and sought urgent listing.“This is the same errant Governor against whom directions were passed (earlier),” Singhvi submitted during the mentioning.CJI Chandrachud asked the counsel to send an email for urgent listing. “We will look at it,” the CJI said..The application by the State has been moved before the top court in a petition pending before the Court over the Governor’s delay in granting assent to the Bills passed by the TN Legislative Assembly, and not approving premature release of prisoners despite government recommendation. TN government application challenges the Governor’s refusal to appoint Ponmudi as a minister after his conviction in a disproportionate assets case was suspended by the Supreme Court on March 11. Ponmudi was the State Higher Education Minister before he was convicted by the Madras High Court in December 2023 and sentenced to three years imprisonment. The sentence meant he incurred automatic disqualification as a legislator, leading to his removal as the minister..Following the stay on his conviction last week by the top court, Ponmudi's membership in the State legislature was restored. After this, TN Chief Minister MK Stalin recommended him for induction to cabinet, However, the Governor refused to swear in Ponmudi as a minister on the ground that his conviction had only been stayed and not set aside. He is also stated to have said that Ponmudi is “tainted of corruption” and that his appointment would be against “constitutional morality”..In its application before the top court, the TN government has contended that interpretation given by the Governor to an order of the Supreme Court amounts to acting as “a super appellate authority”.“The Governor is bound by the orders of the Hon’ble Supreme Court of India under Articles 142 & 144 of the Constitution of India,” the application said. The State has also questioned the Governor’s objection to the suitability of Ponmudi as a minister and argued that it is well settled that when it comes to appointment of a Minister, the suitability of the person to be appointed can only be assessed only by the Chief Minister and not the Governor. .Thus, the TN government has sought quashing of the letter written by the Governor to the Chief Minister and further prayed for directions to appoint Ponmudi as a Minister by administering him oath of office with the portfolios specified in the letter of the Chief Minister..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.