TN Govt Moves Supreme Court Against Governor's Refusal To Appoint Ponmudi As Minister, Seeks Urgent Hearing

The Tamil Nadu Government on Monday (March 18) approached the Supreme Court over the refusal of Governor RN Ravi to re-induct MLA  K Ponmudi as a Minister in the State Government. 

The State has filed an interlocutory application in the earlier writ petition filed by it against the Governor over delay in assenting to bills. The State seeks a stay of the Governor's decision taken on March 17 to refuse the appointment of Ponmudi as a Minister. Further, the State seeks a direction to the Governor to act as per the Chief Minister's recommendation to appoint Ponmudi as a Minister.

Senior Advocate AM Singhvi along with Senior Advocate P. Wilson mentioned the matter before the Chief Justice of India for an urgent listing.

Singhvi submitted.

" This is the same errant Governor, who was earlier dealt with by this Court. Court stays his (Ponmudi's) conviction. Chief Minister recommends his appointment. Then Governor writes a letter saying it is constitutionally immoral for him to appoint..."  

CJI DY Chandrachud asked Singhvi to circulate an email and assured that he would look into the request at the earliest.

The State argued that the Governor has to act as per the Chief Minister's recommendation in terms of Article 164(1) of the Constitution. 

"The 1st Respondent (Governor) is attempting to run a parallel government and is attempting to choose minister as per his subjective assessment of suitability, which is impermissible," the State said in its application. The State also cited the Supreme Court's judgment in Lok Prahari case which stated that if the conviction is suspended, then disqualification will cease to operate. The State argued that the Governor, by acting against the judgment, is committing contempt of court.

Last week, the Supreme Court had stayed the conviction of Ponmudi in a Disproportionate Assets case. Earlier, following the Madras High Court's order reversing his acquittal in the case, Ponmudi had incurred disqualification under the Representation of the Peoples Act 1951 and had to resign as a Minister.

While staying  K Ponmudi's conviction and sentence, the Supreme Court 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 High Court did not consider the main question as to whether the Special Court's view (of acquittal) was a possible view. 

Yesterday, Governor RN Ravi wrote to Chief Minister MK Stalin saying that since 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. The Governor stated that the conviction has only been suspended and not set aside by the Supreme Court.