DMK Demands Withdrawal of Governor

Chennai: DMK MP and senior advocate P Wilson urged the President of India to recall State Governor R N Ravi, who, he said, was an insult to the office of the Governor and had no regard for the Constitution, for the laws and for the orders of the Supreme Court. Referring to the Governor’s refusal to re-induct K Ponmudy, former State Minister for Higher Education, saying that it would go against Constitutional morality, Wilson said in a message on X that Ravi was proving to be a repeat offender acting with scant regard to the Constitution.

He said the conviction of Ponmudi on December 19, 2023, by the Madras High Court, leading to his disqualification, was suspended by the Supreme Court on March 11. While suspending the conviction, the Supreme Court had specifically held that it was suspending the conviction to avoid him being disqualified for holding office of Minister and MLA as it would be an “irreversible situation,” he said. ‘Following the suspension of his conviction, on 13.03.2024, the Speaker of TN Legislative Assembly declared that the disqualification had ceased to operate as of 19.12.2023. 

Additionally, on 16.03.2024, the Election Commission withdrew the notification of vacancy of No.76 Thirukovilur Assembly constituency. Thus, all constitutional functionaries have abided by the order of the Hon’ble Supreme Court of India,’ Wilson



said.

But the Governor had given his own interpretation of the Supreme Court’s order stating that the conviction had only been “suspended, not set aside,” which was an affront to the Supreme Court order. The Governor's action was a clear act of contempt of Court since the Court suspended the conviction for the sole reason that it should not operate as a disqualification. When the conviction order of the High Court is “suspended” by the Apex Court.

It is now well settled that a Governor cannot decide who should be a Minister on moral grounds or any other grounds. That sole prerogative is with the Chief Minister. The Supreme Court has held in several rulings that the Governor cannot question the assessment of the Chief Minister regarding the suitability of the person being appointed as a Minister,’ Wilson said. The Governor's confrontation with the Government was unsurprising since he was acting as the de facto President of the BJP’s Tamil Nadu unit and had a proclivity to seek media attention, but by his current action he had committed gross Constitutional impropriety and contempt of Court, besides seeking to run a parallel government from the Raj Bhavan, he said. In the petition filed in the Supreme Court, the DMK seeks a stay of the Governor’s decision and also a direction to the Governor to act as per the Chief Minister’s recommendation.