Plea In Madras High Court Challenges Continuation Of Senthil Balaji In Tamil Nadu Cabinet As Minister Without Portfolio

A plea has been moved in the Madras High Court challenging the continuation of Senthil Balaji in the Tamil Nadu cabinet as a Minister without portfolio. 

Advocate ML Ravi, President of the Desiya Makkal Sakthi Katchi, has challenged the Press Note issued by the Government of Tamil Nadu on June 16, according to which the government has transferred the portfolios that were allocated to Balaji but said that he would continue as a Minister without portfolio. 

Senthil Balaji, who was holding the portfolios of Electricity, Non-Conventional Energy Development, Prohibition and Excise and Molases was arrested by the Enforcement Directorate for his alleged involvement in a money laundering case under the Prevention of Money Laundering Act. The High Court, in a habeas corpus petition filed by Balaji's wife, had refused to grant him interim bail but allowed him to be transferred to a private hospital for treatment. The Principle Sessions Court in Chennai has given the ED 8 days for interrogating him without disturbing his treatment.

In his petition, Ravi pointed out that when the Chief Secretary of Tamil Nadu had sent a letter to the state Governor to reallocate the portfolios held by the Minister and to keep him as a Minister without portfolios, the Governor had not agreed to it. However, according to the plea, as per the Press Note issued by the Government, he still continues as a Minister without portfolio.

Ravi has argued that as per Article 164 of the Constitution, a Minister is to hold office at the pleasure of the Governor, but in the present case, the Government has gone against the will of the Governor.

He has questioned how the Minister has been allowed to continue when he is in judicial custody and would not be able to attend the cabinet or perform his role and responsibilities. Calling the Press note issued by the Government invalid, Ravi said allowing Balaji to continue is against the pleasure and discretion of the Governor.