The Tamil Nadu government on Monday moved the Supreme Court against Governor RN Ravi's decision refusing to appoint K Ponmudy as minister in the state cabinet. Senior Advocate AM Singhvi mentioned the case before the bench of CJI DY Chandrachud seeking urgent hearing. The court said that "it will see."

 

Singhvi told the court that 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..."

 

The CJI asked Singhvi CJI to circulate an email and said will look into it.

 

On Sunday, the Tamil Nadu Governor RN Ravi wrote a letter to Chief Minister MK Stalin saying that since Ponmudi was held guilty by the Madras High Court for a serious offence amounting to moral turpitude, relating to corruption, his re-induction in the Council of Ministers while he remains tainted of corruption would be against Constitutional morality.

 

The Governor said that Ponmudi's conviction has only been suspended and not set aside by the Supreme Court.

 

On March 11, a bench of  Abhay S Oka and Ujjal Bhuyan passed an order saying that a case was made out for stay of conviction and sentence, as "in view of operation of Section 8(3) of the 1951 Act, irreversible situation will be created if conviction is not suspended."

 

Earlier, a Special Court had acquitted Ponmudi and his wife in the Disproportionate Assets case. The Madras High Court had set aside his acquittal in the Disproportionate Assets case, after which he along with his wife was sentenced to simple imprisonment for 3 years alongwith fine.
 


Ponmudi had moved the top court against this high court order. 

 

The top court while staying K Ponmudi's conviction and sentence, observed that in view of Section 8(3) of the Representation of People Act, 1951, an MLA, who was sentenced to over 2 years of imprisonment, would have been disqualified as a result of conviction, yet prima facie the Madras High Court did not consider the main question as to whether the Special Court's view (of acquittal) was a possibilty.

 

The Tamil Nadu government today filed an application seeking amendment to its allready pending plea against the governor for: (i) Not considering and granting assent to the Bills passed by the TN Legislative Assembly, thereby subverting the will of the people; (ii) Not granting sanction to prosecute public servants, there by impeding criminal investigation of heinous crimes including corruption; (iii) Not approving the premature release of prisoners as advised by the Government; (iv) Keeping files pertaining to appointment of TNPSC Chairman & Members pending, and not abiding by the advise of the Cabinet.
 


In the previous petition the Tamil Nadu government states, "It is humbly submitted that the Petitioner was constrained to file the present writ petition because the Hon’ble Governor of Tamil Nadu was breaching the Constitutional mandate on him to follow the aid and advice of the Council of Ministers in discharge of his official functions and also disregarding and delay in granting assent to the Bills passed by the Tamilnadu Legislative Assembly. The Hon’ble Governor was acting as a political opponent of the Government and was challenging the Government on its policies and the Legislature..."

 

Today, the Tamil Nadu government amended this plea and sought the following relief from the top court. It asked the court to call for records of letter dated March 17, 2024 and quash the same. It further asked the court to ask the governor act according to Tamil Nadu government and appoint K. Ponmudi as minister

 

"Grant permission to amend the prayer in the above W.P. No. 1239 of 2023 and add the following prayer: Call for the records of the 1st Respondent pertaining to Letter No. 007/ RBTN/ 2024 dated 17.03.2024 and quash the same and direct the 1st Respondent to act in accordance with the letter of the Hon’ble Chief Minister of Tamil Nadu in D.O. Letter No. 952/CMO/2024 dated 13.03.2024 and consequently to appoint Thiru K. Ponmudi, Member of Tamilnadu Legislative Assembly as a Minister of the Government of Tamil Nadu by administering oath of office and secrecy with the portfolios specified in the letter of the Hon’ble Chief Minister of Tamil Nadu in D.O. Letter No. 952/CMO/2024 dated 13.03.2024 and consequently to change the portfolios among Hon’ble Ministers,” the plea read.