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Court has also recorded the Attorney General's submission that there was no intention to breach the court's order
The Tamil Nadu Governor today informed the Supreme Court of India that he had not intentions of defying the court's order by not swearing in Thiru K Ponmudi as a minister.
This response came in from the Governor after the Supreme Court yesterday came down heavily on the Governor RN Ravi while hearing the Tamil Nadu government's application against his refusal to swear in Ponmudi, following Ponmudi's conviction being stayed by the Supreme Court itself in connection with a disproportionate assets case.
CJI Chandrachud was further told that the Governor had invited Ponmudi today at 3:30PM to swear him in.
"WE ARE DEEPLY CONCERNED BY THE MANNER IN WHICH THE GOVERNOR IS ACTING, HOW CAN THE GOVERNOR DEFY OUR ORDER...", a visibly miffed Chief Justice of India had told Attorney General R Venkataramani yesterday.
After hearing the parties, the Court had asked the AG to come back today with the Governor's response.
Notably, consequent to the suspension of the conviction of Thiru K. Ponmudi, the TN Chief Minister had written to the Governor to swear in Ponmudi as a Minister and to allot the Higher Education Portfolio to him.
The TN government then filed an application in plea filed by the Tamil Nadu Government last year over the inaction, omission, delay and failure to comply with the constitutional mandate by the Governor of Tamil Nadu to give his assent to the Bills passed and forwarded by the Tamil Nadu State Legislature to him.
In the instant application, Tamil Nadu has submitted that after the Top Court has categorically held that Ponmudi's conviction is being suspended to avoid disqualification under the RP Act, 1951, the interpretation given by the Governor to that order acting as if he was a super appellate authority is a blatant violation of the said order and he is bound by that orders under Articles 142 & 144 of the Constitution of India.
Court has been further told that the Governor has questioned the suitability of Thiru K. Ponmudi for appointment as minister as the 1st Respondent claims that he is “tainted of corruption” and that his appointment would be against “constitutional morality”.
Case Title: State of Tamil Nadu vs. Governor, Tamil Nadu
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