The Tamil Nadu Government has taken its dispute with Governor RN Ravi to the Supreme Court, following his refusal to reappoint MLA K Ponmudi as a Minister in the State Government. The State filed an interlocutory application within a previous writ petition lodged against the Governor concerning delays in assenting to bills. It seeks a stay on the Governor’s decision made on March 17 to reject Ponmudi’s appointment as a Minister and requests a directive for the Governor to act in accordance with the Chief Minister’s recommendation for Ponmudi’s appointment.
Senior Advocates AM Singhvi and P. Wilson brought the matter before the Chief Justice of India, urging for urgent listing. Singhvi highlighted the Governor’s past actions, stating, “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 instructed Singhvi to circulate an email, assuring prompt attention to the request. The State contends that the Governor must adhere to the Chief Minister’s recommendation under Article 164(1) of the Constitution. It accuses the Governor of attempting to run a parallel government and of making subjective assessments of suitability, which it deems impermissible.
Referring to the Supreme Court’s judgment in the Lok Prahari case, the State argues that suspension of conviction should cease disqualification, but the Governor’s actions contravene this ruling, amounting to contempt of court.
Last week, the Supreme Court stayed Ponmudi’s conviction in a Disproportionate Assets case, which initially led to his disqualification under the Representation of the People Act 1951, prompting his resignation as a Minister. The Court observed that although Ponmudi’s conviction could have resulted in disqualification, the High Court’s acquittal verdict raised questions about the Special Court’s decision.
Governor RN Ravi’s recent letter to Chief Minister MK Stalin expressed concern over Ponmudi’s reappointment, citing his conviction by the Madras High Court for a serious offense related to corruption. The Governor stated that Ponmudi’s conviction suspension, not annulment, by the Supreme Court, still leaves him tainted by corruption, challenging Constitutional morality.
