The Tamil Nadu government has taken its battle with Governor RN Ravi to the Supreme Court, seeking directives for the re-induction of Dravida Munnetra Kazhagam (DMK) leader K Ponmudy into the State cabinet. This move comes after Ponmudi’s conviction in a criminal case was stayed by the Supreme Court last week.
Senior Advocates Abhishek Manu Singhvi and P Wilson brought the TN government’s application before the bench presided over by Chief Justice of India (CJI) DY Chandrachud, urging for urgent listing.
Singhvi highlighted the recurring issue with the Governor, stating, “This is the same errant Governor against whom directions were passed (earlier).”
Responding to the plea, CJI Chandrachud instructed the counsel to send an email for urgent listing, stating, “We will look at it.”
The application by the State is linked to a pending petition concerning the Governor’s delays in granting assent to Bills passed by the TN Legislative Assembly and not approving premature releases of prisoners despite government recommendations.
The TN government’s application challenges the Governor’s refusal to reinstate Ponmudi as a minister following the suspension of his conviction in a disproportionate assets case by the Supreme Court on March 11.
Ponmudi, formerly the State Higher Education Minister, was convicted by the Madras High Court in December 2023 and sentenced to three years imprisonment, leading to his disqualification as a legislator and subsequent removal from the ministry.
After the recent stay on his conviction by the Supreme Court, Ponmudi’s legislative membership was reinstated, and Chief Minister MK Stalin recommended his return to the cabinet.
However, the Governor declined to swear in Ponmudi as a minister, citing that his conviction had only been stayed and not annulled, and raising concerns about his alleged corruption.
In its application to the Supreme Court, the TN government argues that the Governor’s interpretation of the Supreme Court’s order constitutes acting as “a super appellate authority.”
The State contends that the Governor is bound by the orders of the Supreme Court under Articles 142 & 144 of the Constitution, and questions his objection to Ponmudi’s suitability as a minister, asserting that this assessment falls within the Chief Minister’s purview.
Consequently, the TN government seeks the annulment of the Governor’s letter to the Chief Minister and requests directives to appoint Ponmudi as a Minister with the portfolios specified in the Chief Minister’s letter.