In a tussle between the DMK government versus the governor in Tamil Nadu, Chief Minister MK Stalin on Friday told Governor RN Ravi that his action of ‘sacking’ minister V Senthil Balaji from the cabinet was unconstitutional and hence not valid. Stalin also criticized the governor for indicating a “breakdown of the constitutional machinery”. While the Raj Bhavan said on Thursday night that it has put on hold the unprecedented ‘dismissal’ order, the DMK regime said it would choose an appropriate action plan to counter Ravi’s move against the minister and fight back, even if he Moved away
In his letter to Ravi, Stalin said: “I repeat that you have no power to sack my ministers. This is the sole prerogative of an elected chief minister. Your unconstitutional act of sacking my minister without consulting me The communication is void ab initio (not having a valid authority) and non-est in law (not in consonance with law) from the very beginning of the process of dismissing Senthil Balaji and hence has been set aside.”
Referring to the two letters written by the Raj Bhavan to the government on June 29, first the dismissal and then the suspension of the order, Stalin said that the advice or assistance of the CM and the cabinet was not sought before sending any letter. Stalin said, “The fact is that within hours of your issuing the first letter in such strongly worded terms, even pointing to the ‘breakdown of the constitutional machinery, not a veiled threat’, you Withdrawn it for the opinion of the Attorney General.” “This shows that the Governor did not even take legal opinion before taking such an important decision.”
He said, “The fact that you needed the intervention of the (Union) Home Minister to direct you to seek legal opinion on the matter shows that you acted in haste with little regard for the Constitution of India.” Is.” Citing Supreme Court judgments and legal position on the matter, the CM said that the disqualification issue applies only in case of conviction by the court. Senthil Balaji has been arrested by the Enforcement Directorate only for investigation, and charge sheet has not been filed in the case so far.
Stalin hit out at the governor for showing “bias” and adopting “double standards” and “inexplicable silence” on my government’s request to probe crimes committed during the previous AIADMK government, prosecute former ministers and public servants Criticized him for. He further said, “Even the CBI’s request for sanction for prosecution in the Gutkha case has not been acted upon by you.”
Stalin pointed out, “Under Article 164(1), the governor appoints and removes ministers only on the advice of the chief minister. The governor has no power to decide who should or should not be part of the cabinet.” Needed.” A Raj Bhavan release on Thursday said, “There are reasonable apprehensions that the continuance of V Senthil Balaji in the Council of Ministers will prejudicially affect the due process of law including fair investigation, which may ultimately lead to breakdown of the constitutional machinery.” State.”
Condemning Ravi’s action, which is now in abeyance, Finance Minister Thangam Thennarasu said when the governor himself stayed his decision, it showed that the action was taken without authority and legitimacy. “It is not legally valid and constitutionally invalid,” he told reporters here. Responding to a question, the minister said, “The governor has said that he has adjourned the matter (to take the opinion of the attorney general). What is the reason after the decision has already been taken? That should make you understand.” He asserted that his party, the DMK, is a strong democratic organization and would face the issue politically and the government would handle the matter legally.
The appropriate course of action – the legal route – will be considered and the correct option will be chosen. Thenarasu said at what point of time what kind of action should be taken will be decided at an appropriate time. He said that all available options would be explored under the leadership of Chief Minister MK Stalin.
The main opposition AIADMK reiterated that Senthil Balaji should be dropped from the cabinet. The AIADMK alleged that the ministerial post for Senthil Balaji was a ‘shield’ against the ED probe. The BJP hit out at Stalin in 2018 for demanding the governor to sack an AIADMK minister. Stalin was then the leader of the opposition and Vijayabaskar, the then AIADMK minister, had to face corruption charges.
Speaking about the governor’s attempt to sack minister Senthil Balaji, senior advocate and DMK Rajya Sabha MP P Wilson said Ravi’s move was “void at the outset” and against the constitutional scheme. He said that only Senthil Balaji is under investigation; It does not attract disqualification, and this has been amply clarified in the judgments of the Supreme Court in Lily Thomas v. Union of India and Manoj Narula v. Union of India.
Thennarasu said the Tamil Nadu government was “disregarding” the governor’s action to sack Balaji. The minister alleged that Ravi acted “unilaterally” and “in haste” on the matter and decided to sack Balaji without proper consultation.
He wondered how a person who is already in judicial custody could obstruct the investigation, as stated in a press release issued by the Raj Bhavan when Balaji was ‘sacked’ by the Governor on Thursday. Responding to a question, Tamil Nadu Law Minister S Regupathy said Balaji would continue as minister without portfolio and claimed there was no need for him to interfere in the probe.
“There are cases against many Union ministers and they are functioning as ministers. Senthil Balaji is a minister without portfolio.” Senthil Balaji is an influential leader in the Western Kongu region. He was in AIADMK before joining DMK a few years back. He was arrested by the Enforcement Directorate in a cash-for-job scam case. Later, he was admitted to the hospital and underwent bypass surgery. The ruling DMK’s party mouthpiece ‘Murasoli’ said the direction for Ravi’s dismissal was “withheld within five hours as advised by the Union Home Ministry”.
The Governor has put in abeyance the order to sack Balaji from the Council of Ministers till further notice.
Meanwhile, posters went up in the city, asking whether “Guindy (Raj Bhavan is in the neighborhood of Guindy town) would write to Delhi about pending cases against a group of Union ministers” and demanded their ouster from the cabinet .
(This story has not been edited by News18 staff and is published from a syndicated news agency feed – PTI,