Two letters from Gov to CM MK Stalin — one on decision to dismiss Balaji and another to put it on hold — have stinging remarks by RN Ravi.
Raj Bhavan said that the suo moto action of the police diluted the attack as an act of simple vandalism, and in a hurry, the accused was arrested and remanded
Tamil Nadu Chief Minister MK Stalin held a meeting with his senior Cabinet colleagues, legal experts, and senior advocate and DMK MP NR Elango on Friday, 30 June, hours after Governor RN Ravi issued an order — now being held in abeyance — dismissing Minister V Senthil Balaji from the Council of Ministers.
The meeting decided to communicate to the Governor that his decision to remove a minister without the knowledge of the chief minister was unconstitutional and untenable.
Speaking to reporters, Elango said that the state would take up the issue legally and the chief minister would announce the plans later in the day.
Sources close to Anna Arivalayam, the DMK headquarters, the chief minister was considering convening an all-party meeting to discuss the state’s decision and its next course of action.
Stalin had on Thursday, 29 June — soon after receiving the letter from the Ravi removing Balaji frpom the Council of Minister — had categoricaly said the Governor had no powers to dismiss a minister unilaterally and it would be faced legally.
On Friday, after the Governor sent another letter withdrawing his earlier one, Minister for Milk and Dairy Development Mano Thangaraj said it was no wonder Ravi was withdrawing the order as he had no power to issue such a directive.
“This is a drama staged to distract people from the failures of the Union government, including the rise in prices of essential commodities, unemployment, general civil law, and Manipur riots…!”, he said.
Meanwhile, posters referring to criminal cases pending against the BJP ministers and questioning Governor Ravi whether he would ask them to step down cropped up at various locations in Chennai.
“Will you (Ravi) write to Delhi asking to remove these ministers from their post,” the posters asked.
ஆளுநர் தனக்கு இல்லாத அதிகாரத்தை பயன்படுத்தி போட்ட உத்தரவை திரும்பப் பெற்றிருப்பதில் ஆச்சரியம் ஏதுமில்லை. இது விலைவாசி உயர்வு, வேலைவாய்ப்பின்மை, பொது சிவில் சட்டம், மணிப்பூர் கலவரம் உள்ளிட்ட ஒன்றிய அரசின் தோல்விகளில் இருந்து மக்களை திசை திருப்ப அரங்கேற்றிய நாடகமே…!#Governor
— Mano Thangaraj (@Manothangaraj) June 30, 2023
On Thursday, in an unprecedented move, Governor Ravi dismissed Balaji from the Council of Ministers. Five hours later, he withheld the order.
In a communication addressed to Stalin, the Governor stated that the Union Minister of Home Affairs had advised him that it would be prudent to seek the opinion of the attorney general regarding the dismissal of Balaji.
“I am approaching the Attorney General for his opinion. Meanwhile, the order of dismissal of the minister Thiru V. Senthil Balaji may be kept in abeyance until further communication from me,” the Governor said.
Incidentally, it was the second retraction by the Governor in as many weeks. On 15 June, Ravi refused to reallocate the portfolios handled by Balaji to other ministers until Stalin dropped him from the Cabinet.
However, the next day, he retracted the decision but conveyed that he was not willing to allow Balaji to continue in office.
Balaji, who held the portfolios of electricity, excise, and prohibition in the Stalin government, was arrested by the Enforcement Directorate (ED) on 14 June, on charges of money laundering and corruption.
Earlier on Thursday, the Governor announced the dismissal of Balaji with immediate effect as he has been facing legal proceedings in several cases.
In a five-page letter to the chief minister, the Governor said: “Instead of taking my advice in fair spirit, you responded with an inflammatory letter dated 01.06.2023 in which you instead of giving due consideration to my advice, used intemperate languages and accused me of overstepping my Constitutional limits. Your response disappointed me to say the least.”
Further, Ravi pointed out a Supreme Court judgement in a case against Balaji. “Even after such repeated observations of the Hon’ble Supreme Court indicative of continuing disruptive influence of Thiru V Senthil Balaji to the course of fair investigation and justice, you kept him a Minister which further emboldened him to intimidate and obstruct even the Central Investigating Agency — the Income Tax.”
Stating that he was aware that under ordinary circumstances, a Governor would be acting on the advice of the Council of Ministers, Ravi said, “However, in the instant case your advice or to put it more appropriately your insistence to retain Thiru V. Senthil Balaji against my advice as a member of the Council of Ministers reflects your unhealthy bias.”
“There are reasonable apprehensions that the continuation of Thiru V Senthil Balaji as a Minister will continue to obstruct the due process of law and disrupt the course of Justice. Such a situation may eventually lead to the breakdown of the Constitutional machinery in the State. Under such circumstances and the powers conferred to me under Articles 154, 163, and 164 of the Constitution of India, I hereby dismiss Thiru V Senthil Balaji from the Council of Ministers with immediate effect,” the Governor declared.
Speaking to reporters at the Chennai Press Club, former minister and AIADMK organising secretary D Jayakumar questioned how a prisoner could be allowed to continue as a minister.
“That is the reason we petitioned the Governor to take steps to remove Senthil Balaji from the Cabinet and we filed a petition in the Madras High Court against his continuation in the Cabinet,” he said.
“Why Stalin is so keen on protecting Balaji when even the Supreme Court directed to take action against him? What is the reason for retaining him as a minister without portfolio? It was Stalin who sought action against Balaji when he was in Opposition,” he said.
Balaji was the transport minister in the J Jayalalithaa government when the alleged cash-for-jobs — for which he is under investigation — was reported.
When asked about the decision of the Governor, Jayakumar said that Ravi had used his powers.
“We are not in a position to interpret the powers conferred on the Governor. There is a constitutional breakdown in the state due to the inefficiency of the ruling DMK government,” Jayakumar said.
Soon after Stalin returned from a two-nation official trip on 1 June, Governor Ravi had written to the chief minister asking him to drop Senthil Balaji from the Cabinet citing the case pending against him.
In reply to that communication, Chief Minister Stalin had refused to drop Balaji from the Cabinet.
Following this, on 15 June, after Balaji’s arrest by the ED, Stalin recommended to the Governor that the electricity portfolio held by Balaji be assigned to Thangam Thennarasu as additional charge, and prohibition and excise to S Muthusamy — effectively keeping Balaji in the Cabinet as a minister without portfolio.
A day later, Governor Ravi approved the recommendation on the change of the portfolios held by Balalji to the other two ministers.
However, Governor Ravi did not agree to Balaji continuing any longer as a member of the Council of Ministers, as he was facing criminal proceedings for moral turpitude and was in judicial custody.
The same day evening, however, the state chief secretary passed a government order (GO), retaining Balaji in the ministry as a “minister without subjects”.
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