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CHENNAI: Only convicts sentenced to two years or more are disqualified from occupying the office of a minister or MLA under the Representation of the People Act, Madras high court said on Monday, wondering whether Tamil Nadu governor R N Ravi had passed any ‘order’ dropping arrested minister V Senthil Balaji from the state cabinet.
When two PILs challenging Balaji’s continuation in the state cabinet as a minister without portfolio came up for hearing on Monday, the first bench of Chief Justice Sanjay Vijaykumar Gangapurwala and Justice P D Audikesavalu concurred with advocate-general R Shunmugasundaram, and wondered whether a governor of a state had powers to dismiss a minister on the ground that he had been arrested in a case. It directed the petitioners to produce copies of the communication, if any, between the Tamil Nadu governor and the CM regarding Balaji’s ‘dismissal’. The petitioners contended that as per Article 164 of the Constitution, Balaji could continue in office only if governor supported such a decision. “In the present case, the governor had explicitly recommended that Balaji be stripped of his portfolio, and that he must not be allowed to continue to function as aminister,” the petitioners said.
The bench said the governor is free to make any recommendations, “but does any legal provision exist under Article 164 that empowers the governor to dismiss a minister?” The court adjourned the hearing to July 7.
When two PILs challenging Balaji’s continuation in the state cabinet as a minister without portfolio came up for hearing on Monday, the first bench of Chief Justice Sanjay Vijaykumar Gangapurwala and Justice P D Audikesavalu concurred with advocate-general R Shunmugasundaram, and wondered whether a governor of a state had powers to dismiss a minister on the ground that he had been arrested in a case. It directed the petitioners to produce copies of the communication, if any, between the Tamil Nadu governor and the CM regarding Balaji’s ‘dismissal’. The petitioners contended that as per Article 164 of the Constitution, Balaji could continue in office only if governor supported such a decision. “In the present case, the governor had explicitly recommended that Balaji be stripped of his portfolio, and that he must not be allowed to continue to function as aminister,” the petitioners said.
The bench said the governor is free to make any recommendations, “but does any legal provision exist under Article 164 that empowers the governor to dismiss a minister?” The court adjourned the hearing to July 7.
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