Thrissur: The Tamil Nadu government Monday approached the Supreme Court against Governor R.N. Ravi’s refusal to re-appoint former DMK minister K. Ponmudy into the state cabinet.
The government’s move came after Ravi stalled the swearing-in of Ponmudy as higher education minister over a week after the Supreme Court stayed his conviction in a disproportionate assets case of 2011.
In a letter to Chief Minister M.K. Stalin Sunday, Ravi had said the re-induction of Ponmudy “would be against constitutional morality” as the minister was “tainted with corruption”. The Governor also said the Supreme Court had only “suspended” and “not set aside” Ponmudy’s conviction.
According to the government’s plea, filed by senior advocate and DMK MP P. Wilson, the Governor cannot decide who should be a minister on moral grounds or any other grounds as this is the sole prerogative of the CM.
“It is humbly submitted that when this Hon’ble Court has categorically held that his conviction is being suspended to avoid disqualification under the Representation of the People Act, 1951, the interpretation given by the 1st Respondent (Governor) to an order of this Hon’ble Court acting as if he was a super appellate authority is a blatant violation of the order of this Hon’ble Court. The Governor is bound by the orders of the Hon’ble Supreme Court of India under Articles 142 and 144 of the Constitution,” the plea states.
It further adds that the Governor’s refusal of the CM’s request (to swear-in Ponmudy) is a blatant violation of Article 164(1) and alleges that Ravi is attempting to run a parallel government and his act amounts to contempt of court.
Article 164(1) states that Chief Minister shall be appointed by the Governor and the other ministers shall be appointed by the Governor on the advice of the CM.
ThePrint contacted the Raj Bhavan public relations officer who said that the Governor had stated his stand on the matter in his letter to the CM and that his office had nothing more to add. Regarding the government’s plea in the Supreme Court, the official added that the Governor’s office would comment only after consulting with the legal team.
Also Read: Tamil Nadu contests Modi govt claim on central funds: ‘Centre has done nothing to help state’
A new low
The development marks a new low in an already bitter relationship between the Governor and the Dravida Munnetra Kazhagam (DMK) government in Tamil Nadu.
Former higher education minister Ponmudy was disqualified after the Madras High Court sentenced him and his wife P. Visalakshi to three-year imprisonment in a Rs 1.75 crore disproportionate assets case in December 2023. Minister for backward classes welfare R.S. Rajakannappan was allocated the higher education portfolio thereafter.
The Tamil Nadu assembly on 5 March declared Ponmudy’s assembly constituency of Tirukkoyilur vacant.
However, the Supreme Court on 11 March stayed the conviction of the senior DMK leader and said that disqualifying him for holding the office of minister and MLA would be an “irreversible situation”.
Following the order, the government began work to re-induct him. On 13 March, Assembly speaker M. Appavu declared that the notification regarding Ponmudy’s disqualification “ceased to exist” and the Election Commission withdrew the order of vacancy.
On the same day, CM Stalin wrote a letter to Ravi seeking the swearing-in of Ponmudy as the higher education minister. However, the Governor did not proceed with the appointment and subsequently wrote to the CM against the idea.
The Governor’s failure to act on the CM’s request about Ponmudy has also invited criticism from several DMK leaders, with many accusing him of contempt of court.
In a social media post Sunday, Wilson said: “The Governor’s confrontation with the government is unsurprising since he is acting as the de-facto president of the TN’s BJP unit and has a proclivity to seek media attention, but by his current action, he has committed gross constitutional impropriety and contempt of Court. He is seeking to run a parallel government from the Raj Bhavan because the BJP can never set foot in Fort St George (seat of the government in Chennai).”
He further alleged that Ravi had no regard for the Constitution and the law, and was not fit to hold the post of Governor. He urged President Droupadi Murmu to recall him.
The DMK government had earlier approached the Supreme Court against Ravi when he delayed various bills passed by the assembly. During the hearing on the matter in November 2023, the top court had criticised Ravi for the inaction.
(Edited by Nida Fatima Siddiqui)
Also Read: ‘Important to preserve diversity’ — why DMK is pressing for state autonomy ahead of Lok Sabha polls