The Tamil Nadu government has taken its case to the Supreme Court of India following the Governor's refusal to swear in Thiru K. Ponmudi as a Minister. This refusal stems from Ponmudi's involvement in a disproportionate assets case, where his conviction was stayed by the Supreme Court.
The crux of the matter lies in the interpretation of the Supreme Court's order. The Governor has asserted that while Ponmudi's conviction has been suspended, it has not been set aside, thus precluding his appointment as a Minister.
However, the Tamil Nadu Chief Minister, acting on the suspension of Ponmudi's conviction, requested the Governor to administer the oath of office to Ponmudi and assign him the Higher Education Portfolio.
Senior Advocate AM Singhvi, representing the Tamil Nadu government, brought the issue before Chief Justice of India DY Chandrachud's bench. Singhvi highlighted the Governor's alleged misinterpretation of the Supreme Court's order and emphasized the urgency of the matter.
This isn't the first clash between the Tamil Nadu government and the Governor, as Singhvi referenced a previous plea regarding the Governor's delay in assenting to bills passed by the State Legislature.
In response to Singhvi's plea, Chief Justice DY Chandrachud assured that he would address the matter promptly and requested Singhvi to circulate an email regarding the issue.
The Tamil Nadu government contends that the Governor's refusal to swear in Ponmudi as a Minister violates the Supreme Court's order, which suspended Ponmudi's conviction to prevent disqualification under the RP Act, 1951. The government argues that the Governor is bound by the Supreme Court's order under Articles 142 and 144 of the Constitution of India.
Furthermore, the Governor's objection to Ponmudi's appointment on the grounds of alleged corruption raises questions of constitutional morality. The government challenges the Governor's authority to question Ponmudi's suitability for ministerial office, asserting that the suspension of Ponmudi's conviction implies his eligibility for appointment.
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