Tamil Nadu Govt Moves SC Over Governor Ravi's Refusal to Appoint Ponmudy as Minister

The Supreme Court on Monday agreed to consider a plea of the Tamil Nadu government against the refusal of Governor RN Ravi to appoint senior DMK leader K Ponmudy as a minister in the state cabinet. The governor has recently refused to re-induct the senior DMK leader and former Higher Education Minister into the state cabinet, saying it would be against constitutional morality. Reports ETV Bharat's Sumit Saxena.

New Delhi: Tamil Nadu government on Monday moved the Supreme Court against refusal of Governor RN Ravi to appoint K Ponmudy as minister. Senior advocate A M Singhvi, representing the Tamil Nadu government, mentioned the plea before a bench led by Chief Justice of India D Y Chandrachud. Singhvi urged the court to grant urgent hearing in the matter. The CJI asked him to circulate an email and he will examine the request.

Governor Ravi has refused to accept the recommendation of Chief Minister MK Stalin to appoint K Ponmudy as a minister after he was reinstated as an MLA. Disqualified Tamil Nadu minister and DMK senior leader K Ponmudy was reinstated on March 13, days after the Supreme Court stayed his conviction and three-year jail sentence in a disproportionate asset case.

Governor RN Ravi in a letter written to CM Stalin said, "Following the Hon'ble Supreme Court's order of 11.03.2024, you, in your letter referred to above, have recommended re-induction of Dr.K.Ponmudy in the Council of Ministers. It is pertinent to note that the Hon'ble Supreme Court, in the light of Section 8(3) of Representation of People Act 1951, in the said order has suspended the conviction by way of 'interim relief to Dr.K.Ponmudy. It means the conviction of Dr. K.Ponmudy though existent has been made non-operative. It has not been set aside. The offences of which Dr. K.Ponmudy has been held guilty by the Hon'ble Madras High Court are very serious amounting to moral turpitude, relating to corruption he committed as a public servant. His re-induction in the Council of Ministers while he remains tainted of corruption would be against constitutional morality. Hence, I am unable to accede to your request."

In its plea filed in the Supreme Court, the Tamil Nadu government contended that the apex court specifically suspended the conviction of Ponmudy in order to save him from the disqualification of the Representation of Peoples Act. “While suspending the conviction, this Hon’ble Court has recorded a finding that disqualifying him for holding office of Minister & MLA would be an irreversible situation”, said the plea.

It is humbly submitted that following the suspension of his conviction, on March 13, 2024, the speaker of TN Legislative Assembly declared that the disqualification had ceased to operate as of December 19, 2023. It is humbly submitted that further, on March 16, 2024, the Election Commission withdrew the notification of vacancy of Thirukovilur Assembly Constituency. It is submitted that consequent to the suspension of the conviction of Thiru K. Ponmudy, the Hon’ble Chief Minister wrote a letter dated March 13, 2024, to the Hon’ble Governor to swear in Thiru Ponmudy as a Minister on 14.03.2024 and to allot the Higher Education Portfolio to him...However, in response, the Hon’ble Governor has refused to swear in Ponmudy as minister by his letter dated 17.03.2024," said the plea.

“In the said letter, the 1st Respondent has given his own interpretation of the order of this Hon’ble Court stating that the conviction has only been ‘suspended, not set aside’ and therefore Thiru K. Ponmudy cannot be appointed as Minister”, said the state’s plea.

It contended that when the apex court has categorically held that his conviction is being suspended to avoid disqualification under the RP Act, 1951, the interpretation given by the governor to an order of the apex court, acting as if he was a super appellate authority is a blatant violation of the order of the court.

“The Governor is bound by the orders of this Hon’ble Court under Articles 142 & 144 of the Constitution of India…..It is humbly submitted that the 1st Respondent has also given another reason for his refusal to appoint Thiru K. Ponmudy. The 1st Respondent has questioned the suitability of Thiru K. Ponmudy for appointment as minister as the 1st Respondent claims that he is ‘tainted of corruption’ and that his appointment would be against constitutional morality”, said the state’s plea.

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