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Synopsis

The Tamil Nadu Government has moved the Supreme Court 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.

Court has been told that the non-consideration of files, Government orders and policies forwarded by the State Government for his signature is unconstitutional, illegal, arbitrary, unreasonable besides malafide exercise of power.

"The Governor by not “signing remission orders, day to day files, appointment orders, approving recruitment orders, granting approval to prosecute Ministers, MLAs involved in corruption including transfer of investigation to CBI by Supreme Court, Bills passed by Tamil Nadu Legislative Assembly” is bringing the entire administration to a grinding halt and creating adversarial attitude by not cooperating with the State administration", the petition states.

Filed through AOR Sabarish Subramanian, the petition further submits that the State Governor has positioned himself as a political rival to the legitimately elected Government by hindering and obstructing the Legislative Assembly's ability to carry out its legislative duties by unjustly and excessively delaying the consideration of bills that the Assembly has passed.

"Furthermore, the Governor has failed to accord sanction for prosecution and investigation qua various crimes of corruption involving moral turpitude of public servants and issues pertaining to the premature release of Prisoners..", Court has been told.

Accordingly, the government has sought a writ in the nature of Mandamus to the Governor to dispose of all the Bills, files, Government orders forwarded by the Tamil Nadu Legislative Assembly and Government which are pending with his office within a specified timeframe.

The petition has been settled by Senior Advocate P Wilson.

In April this year, Supreme Court had disposed of a similar plea filed by the Telangana government seeking a direction to Governor Soundararajan to give her assent to bills passed by the State Legislature which were pending before her, after noting that "no bills were pending before her at the moment."

The Supreme Court in March had issued notice to the Centre in the plea filed by Telangana government and had sought its response.

In view of a very prequent constitutional impasse created on account of the refusal of the Governor of the State of Telangana to act on several bills passed by the State Legislature, which were pending since 14 September 2022 till date for the assent of the Governor, the State had moved the Top Court.

Case Title: THE STATE OF TAMIL NADU vs. THE GOVERNOR OF TAMILNADU