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SC pulls up Tamil Nadu governor for not appointing DMK leader as minister: 'Seriously concerned about conduct'

The governor had refused to accept the recommendation of chief minister MK Stalin to appoint K Ponmudy as a minister after he was reinstated as an MLA.

Updated on: Mar 21, 2024, 15:39:32 IST
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The Supreme Court on Thursday pulled up Tamil Nadu Governor R. N. Ravi questioning his action not to swear in senior DMK leader K Ponmudy, whose conviction was stayed by the apex court earlier this month, as the Higher Education Minister.

Tamil Nadu Governor RN Ravi refused to appoint K Ponmudy as minister. (ANI)
Tamil Nadu Governor RN Ravi refused to appoint K Ponmudy as minister. (ANI)

The bench headed by Chief Justice DY Chandrachud said, “We are seriously concerned over the conduct of the Governor. He is defying the Supreme Court. How can he say that re-induction of the minister is against constitutional morality after the Supreme Court has stayed the conviction.” (Also Read: Tamil Nadu governor skips customary address of DMK govt over factual grounds)

DMK leader K Ponmudy was reinstated as MLA days after the top court stayed his conviction and three-year jail sentence in a disproportionate asset case on March 13, 2024. However, RN Ravi has refused to accept the recommendation of chief minister MK Stalin to appoint K Ponmudy as a minister.

Ravi, in a letter to the state government on Sunday, said he cannot administer the oath of office to Ponmudy as his conviction has not been struck down by the Supreme Court, citing the pendency of the case. (Also Read: Tamil Nadu guv withdraws notification over appointment of V-Cs)

"Are we governed by the rule of law?" the court questioned. "When the Supreme Court stays conviction, the governor has no business to say that the conviction is not wiped out. Once the substantive order of conviction is set aside, there is no conviction. You cannot say that the minister is tainted."

The court granted the Attorney General time to take instructions on his behalf and posted the matter for Friday.

(Also Read: Tamil Nadu governor returns 10 bills, Stalin govt calls special House session to adopt them again)

The ruling DMK alleged that the governor's refusal to administer oath to Ponmudy was violative of the Constitution and that he was unfit to hold the post. DMK Rajya Sabha MP and senior advocate P Wilson said Governor Ravi has given his own interpretation of the Supreme Court's order stating that the conviction has only been “suspended, not set aside”.

"When he has stooped to the levels of wilfully violating orders of the Supreme Court, desecrating the Constitutional provisions, and ignoring the rule of law, he is not fit to hold the post any longer," the senior advocate said in a post on X.

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