The Court was hearing Tamil Nadu (TN) government‘s application seeking directions to the Governor to re-induct Ponmudy into the State cabinet on the basis of the Chief Minister MK Stalin‘s recommendation.
The application pointed out the Governor’s refusal to appoint Ponmudi as a minister after his conviction in a disproportionate assets case was suspended by the Supreme Court on March 11.
Ponmudi was the State Higher Education Minister before he was convicted by the Madras High Court in December 2023 and sentenced to three years imprisonment. The sentence meant he incurred automatic disqualification as a legislator, leading to his removal as the minister.
Following the stay on his conviction last week by the top court, Ponmudi’s membership in the State legislature was restored.
CM Stalin then asked the Governor to administer oath to Ponmudi once again. However, Governor Ravi refused on the ground that Ponmudi’s conviction had only been stayed and not set aside.
He is also stated to have said that Ponmudi is “tainted of corruption” and that his appointment would be against “constitutional morality”.
He is also stated to have said that Ponmudi is “tainted of corruption” and that his appointment would be against “constitutional morality”.
In its application before the top court, the TN government contended that interpretation given by the Governor to an order of the Supreme Court amounted to acting as “a super appellate authority”.
The State also questioned the Governor’s objection to the suitability of Ponmudi as a minister and argued that it is well settled that when it comes to appointment of a Minister, the suitability of the person to be appointed can only be assessed only by the Chief Minister and not the Governor.
Source: Barandbench
