While the court is exercising powers under Article 226, it has to be specific and cannot conclude a petition based on a press release, the judges said.
The Madras High Court dismissed Balaji's first bail petition on 19 October, 2023, citing potential witness influence. (Creative Commons)
The Madras High Court on Monday, 26 June, questioned whether there is any specific order from the Governor of Tamil Nadu seeking to remove Senthil Balaji from the Council of Ministers, on a batch of petitions filed against Senthil Balaji continuing as a minister in Chief Minister MK Stalin’s Cabinet.
Admitting petitions filed by advocates ML Ravi and S Ramachandran challenging Balaji’s continuation as a minister without portfolio, a bench of Chief Justice SV Gangapurwala and Justice PD Audikesavalu said that on verifying the records, though the Governor had not agreed to keep Balaji on as a minister without portfolio, he had not passed any specific orders removing him from the Cabinet.
The petitioners pointed to the press release issued by the Raj Bhavan and the Directorate of Information and Public Relations on 16 June, where Governor RN Ravi categorically stated, “However, the Hon’ble Governor has not agreed [to] V Senthil Balaji continuing any longer as a Member of the Council of Ministers, as he is facing criminal proceedings for moral turpitude and is currently in judicial custody.”
They argued that as per the Constitution, the ministers could continue in office only at the Governor’s pleasure.
Overruling the argument, the bench said that only the law can be interpreted — and not a press statement.
Stating that ministers are appointed on the advice of the chief minister as per Article 164(1) of the Constitution, the judges said that they wanted to know whether there was any provision that empowers the Governor to dismiss a minister.
The court also noted that even as per the Representation of Peoples Act, a person is not barred from holding the post of a minister pending criminal prosecution, but only disqualified if found convicted.
Stating that while the court is exercising powers under Article 226, it has to be specific and cannot conclude a petition based on a press release, the judges sought information regarding whether there was any specific order to the effect of removing the minister by the Governor.
Asking the petitioners to produce such an order, if any, the judges adjourned the case to Monday afternoon, post lunch.
When the matter came up for hearing again in the afternoon, it was brought to the knowledge of the court that a few other petitions with a similar prayer were not listed for hearing.
Taking note of it, the bench directed the registry to list all the cases with similar prayers at one time and adjourned the case to 7 July.
Senthil Balaji, who was the Tamil Nadu minister for Electricity and Prohibition, was arrested in a money laundering case on 14 June by the Enforcement Directorate.
Following this, Chief Minister Stalin recommended Governor RN Ravi to reallocate the portfolios of Senthil Balaji to Finance Minister Thangam Thennarasu and Housing Minister S Muthusamy.
Though the Governor, after a delay of 24 hours, accepted the recommendation, he registered his dissent over allowing Balaji to continue in the Cabinet as a minister without a portfolio.
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