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Calling the Governor's conduct to be constitutionally illegal, the CJI said, "We will give time to the Governor until tomorrow, OTHERWISE..".
The Supreme Court today came down heavily on the Tamil Nadu Governor RN Ravi while hearing the Tamil Nadu government's application against its Governor's refusal to swear in Thiru K. Ponmudi as a Minister, following his conviction being stayed by the Supreme Court in connection with a disproportionate assets case.
"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 told Attorney General R Venkataramani.
Senior Advocate AM Singhvi appearing for the Tamil Nadu government informed the bench also comprising Justices JB Pardiwala and Manoj Misra that the Governor was violating constitutional morality by not swearing in somebody who had been recommended by the Chief Minister.
"Mr. Attorney General what is your Governor doing? Please tell him we will have to make some observations now..we have stayed the conviction, he is saying I will not swear in...", the CJI said.
After hearing the parties, the Court has asked the AG to come back tomorrow 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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