Chennai: Hours after eradicating Dravida Munnetra Kazhagam (DMK) chief V. Senthil Balaji from the council of ministers, Tamil Nadu Governor R.N. Ravi has put his choice in abeyance and determined to hunt the lawyer common’s recommendation on the matter, ThePrint has learnt.
Round 7:30 pm Thursday, the Tamil Nadu Raj Bhavan had issued an announcement saying Balaji’s arrest by the Enforcement Directorate (ED) in an alleged cash-for-jobs rip-off was the explanation for his dismissal. Balaji, Tamil Nadu’s minister of electrical energy, prohibition and excise minister, was arrested earlier this month. ThePrint has a replica of the assertion
However in a second letter to Chief Minister M.Okay. Stalin the identical day, the governor wrote, “I’ve been suggested by the Hon’ble Union Minister of Dwelling Affairs [Amit Shah] that it might be prudent to hunt the opinion of the Lawyer Normal additionally. Accordingly, I’m approaching the Lawyer Normal for his opinion. In the meantime, the order of dismissal of the minister Thiru V. Senthil Balaji could also be stored in abeyance till additional communication from me.” ThePrint has a replica of the letter.
Governor Ravi, whereas beforehand alleging an “unhealthy bias” on the a part of the CM in retaining Balaji as minister regardless of his arrest, had stated it was with “the powers conferred to me below Article 154, 163 and 164 of the Structure of India” that he was dismissing Senthil. All three articles pertain to the the powers and obligations of the governor.
Within the five-page letter to the CM, a replica of which is with ThePrint, the governor had additionally criticised Stalin — the DMK chief — and stated, “As a substitute of taking my recommendation in truthful spirit, you responded with an inflammatory letter dated 01.06.2023 by which you rather than giving due consideration to my recommendation, used intemperate language and accused me of overstepping my Constitutional limits. Your response disillusioned me to say the least.”
Tamil Nadu increased schooling minister Okay. Ponmudy had instructed the media earlier this month that Governor Ravi had written to the CM on 31 Might, asking him to take away Senthil Balaji from the cupboard. On 1 June, Ponmudy claimed, the CM had rejected the Governor’s suggestion with elaborate authorized reasoning and had replied that below Article 161 (1) of the Structure, solely a CM elected by the individuals, and never the governor, had the authority to advocate or determine the inclusion/removing of an individual from the cupboard.
Following the Governor’s dismissal order concerning Balaji Thursday, CM Stalin had additionally instructed the media that “the Governor doesn’t have the facility to dismiss the minister and we are going to proceed legally within the matter.”
The ruling DMK within the state has been at fixed loggerheads with the governor over the previous many months, and termed Thursday’s transfer as “vendetta politics”.
Speaking to ThePrint, DMK member of Parliament, P. Wilson alleged, “The governor’s letter [dismissing Balaji] might be merely ignored. He has no constitutional energy in any respect (to dismiss a minister).”
ThePrint reached the Raj Bhavan over telephone for touch upon the allegations, the copy can be up to date as soon as a response is obtained.
Whereas events just like the Rashtriya Janata Dal (RJD) and Trinamool Congress (TMC) have come out in assist of the DMK and voiced criticism of the Tamil Nadu Governor on the problem, the opposition All India Anna Dravida Munnetra Kazhagam (AIADMK) and Bharatiya Janata Social gathering (BJP) within the state have hit out at CM Stalin’s alleged “double requirements” and backed Ravi’s proper to dismiss Balaji.
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‘Governor a legal responsibility to the state’
Governor Ravi and the ruling authorities within the state have been locking horns on a number of points, like Dravidian ideology, Sanathana Dharma, appointing of vice-chancellors to state universities and now, Balaji’s dismissal from the council of ministers.
“He (Governor) retains elevating points like Dravidian ideology, Santhana Dharma and in the home he says he gained’t learn the names of ‘Periyar’. That is how his confrontational angle is happening. He has grow to be a legal responsibility to the state now,” Wilson instructed ThePrint.
Whereas addressing the primary session of the Tamil Nadu meeting this 12 months., Ravi had skipped some sections of his speech which had references to Dravidar Kazhagam founder Periyar, father of the Indian Structure B. R. Ambedkar, former chief ministers Okay. Kamaraj and C. N. Annadurai.
He had additionally stoked controversy by suggesting that the state of Tamil Nadu ought to realistically be known as ‘Tamzihagam’. Tamil Nadu initially means Tamil ‘land’, now additionally learn as ‘Tamil nation’. ‘Tamizhagam’, then again, means the ‘abode’ or ‘land’ of the Tamil individuals and was the identify of the traditional Tamil nation.
Explaining the legalities concerned in Balaji’s dismissal, Wilson, who can be a senior advocate stated, “There are three classes so far as MPs, MLAs and ministers who’re dealing with investigation are involved. One is investigation, two is submitting of chargesheet, and three is convicted after trial. Solely within the third class the Supreme Court docket and legislation says that when you might be convicted you’ll be able to’t maintain any portfolio of minister, MP or MLA.”
Declaring that Senthil was nonetheless within the investigation stage, the DMK questioned how the Governor might disqualify Senthil utilizing “Supreme Court docket observations”.
In Might this 12 months the Supreme Court docket had made a collection of observations whereas listening to Balaji’s case, indicating critical misconduct by Balaji utilizing the “defend of workplace” to guard himself from lawful penalties and obstructing the due strategy of legislation.
Wilson added: “It’s a vendetta politics. He [Ravi] is definitely scuttling the federal government from functioning [sic].”
On 14 June Balaji was arrested by the ED in a cash-for-job rip-off case. It has been alleged that in his 2011-2015 tenure as transport minister within the earlier AIADMK regime, Senthil and his allies had taken cash from job aspirants promising them employment within the transport division.
The minister who was identified with a coronary heart situation quickly after the arrest, was moved to a hospital in Chennai for therapy and the state had reassigned his portfolios and made him a ‘minister with out portfolio’.
Terming the DMK chief’s stand to assist Balaji a “double customary”, AIADMK spokesperson Kovai Sathyan instructed the media in Chennai Friday, “We have now been saying that M.Okay. Stalin has been probably the most incompetent chief minister Tamil Nadu has ever had. The governor had initially despatched a letter that V. Senthil Balaji can’t proceed as minister. M.Okay. Stalin’s double requirements are being uncovered — when he was within the opposition his stand was completely different, had demanded dismissal of then minister [C] Vijayabaskar [in 2017], who was dealing with investigation [income tax raids]. His stand is completely different now that he’s within the ruling get together.”
Tamil Nadu BJP chief Okay. Annamalai additionally took to Twitter to touch upon the problem.
“BJP Tamil Nadu, for now, reserves its feedback on the dismissal of Money for Job Rip-off Thiru Senthil Balaji from the council of ministers by the Hon Governor of TN. Nevertheless, we need to remind TN CM Thiru @mkstalin of his doublespeak. In 2018, the then-opposition chief demanded {that a} Minister be sacked by the Hon Governor as there was a corruption allegation in opposition to him. What has modified between then & now? DMK’s drama wouldn’t change the truth that Thiru Senthil Balaji is an accused below arrest!” he tweeted.
BJP Tamil Nadu, for now, reserves its feedback on the dismissal of Money for Job Rip-off Thiru Senthil Balaji from the council of ministers by the Hon Governor of TN.
Nevertheless, we need to remind TN CM Thiru @mkstalin of his doublespeak.
In 2018, the then-opposition chief demanded… pic.twitter.com/AfJ3GF6QY3
— Okay.Annamalai (@annamalai_k) June 30, 2023
Assist for DMK
Events just like the RJD and Trinamool Congress then again, have come out in assist of the DMK.
Posters have appeared in elements of Chennai criticising the governor for his preliminary transfer in dismissing Balaji. The posters query if the governor would write an identical letter to Delhi to dismiss Union ministers who allegedly have pending instances in opposition to them.
RJD MP Manoj Kumar Jha was quoted within the media Thursday as saying, “Tamil Nadu governor has carried out this on diktat from Delhi [the BJP government at the Centre]. He has violated the constitutional scheme of issues. BJP is committing acts for which there’s no provision within the Structure.”
In an announcement issued Thursday, the Aam Aadmi Social gathering (AAP) stated that the motion of Governor RN Ravi was “outrightly unconstitutional” and these selections come below the “unique area” of the chief minister.
Trinamool Congress nationwide spokesperson Saket Gokhale added: “The dismissal of the Tamil Nadu minister V. Senthil Balaji by the Governor with out even consulting the chief minister is nothing however an absolute violation of the Structure of India. The struggle that every one opposition events are combating at present is the struggle to save lots of our Structure and we’re along with the DMK on this struggle.”
The DMK was amongst 15 events — together with the Congress, the TMC, the Aam Aadmi Social gathering (AAP), the Nationalist Congress Social gathering (NCP), the RJD, the Shiv Sena (Uddhav Balasaheb Thackeray), Samajwadi Social gathering (SP) and others — which met in Patna earlier this month, in what’s being seen as a probable starting to the formation of a united entrance of events in opposition to the ruling Bharatiya Janata Social gathering (BJP) on the Centre.
(Edited by Poulomi Banerjee)
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