'Did CM Stalin Specifically Ask Governor To Allow Him To Continue', Asks Madras HC While Hearing PIL Against Senthil Balaji's Continuation As Minister

Hearing a Public Interest Litigation (PIL) filed against the continuation of Senthil Balaji as a minister without portfolio while being in judicial custody, the Madras High Court bench of Chief Justice SV Gangapurwala and PD Audikesavalu today (26 June) asked whether Chief Minister MK Stalin had written to Governor RN Ravi with a specific request to allow Balaji to remain in the Cabinet.

It asked the petitioners, ML Ravi of the Desiya Makkal Sakthi Katchi and S Ramachandran of Kolathur in Chennai to provide such a letter, if there was any.

During the hearing of the two cases, one of the petitioner’s counsel cited Article 164 of the Constitution and argued that the Ministers could remain in office only at the pleasure of the Governor. In this case, Governor Ravi has clearly expressed his dissent, argued the counsel.

Noting that the Governor had appointed the Minister on the advice of the Chief Minister, as per Article 164(1) of the Constitution, the Chief Justice asked the counsel whether the Governor was constutionally empowered to dismiss a minister, and if so whether any order had been passed.

To this the counsel said that a press relase was issued stating the the Governor did not agree with the continuation of Balaji as a minister. The Chief Justice then said that not agreeing is different from passing an order against the continuation.

The bench said that the case would be taken up again on 7 July as there were similar petitions in the matter which were not listed today.

After Senthil Balaji's arrest by the Enforcement Directorate (ED), Higher Education minister K Ponmudy stated that Governor RN Ravi had not agreed to the re-allocation of portfolios of Balaji to Thangam Thennarasu and S Muthusamy.

Later, a press release from the Raj Bhavan stated that while the Governor had agreed to the re-allocation, he had not agreed to the continuation of Balaji in the cabinet.

“However, the Hon’ble Governor has not agreed Thiru V. Senthilbalaji continuing any longer as the member of the council of ministers, as he is facing criminal proceedings for moral turpitude and is currently in judicial custody,” stated the press release.