Plea filed in SC against continuance of Balaji as Tamil Nadu minister after arrest

New Delhi: A plea has been filed in the Supreme Court, challenging the decision of the Madras High Court declining to consider a petition against the continuance of V Senthil Balaji as a minister in the Tamil Nadu government despite his arrest.

The plea by activist M L Ravi asked the court to direct that the withdrawal of the governor's letter of June 29, 2023, withholding the pleasure due to moral turpitude in Balaji's case, should be kept in abeyance till disposal of the matter.

The high court had on September 5, 2023, refused to issue any direction on a batch of petitions questioning the continuance of Balaji as a minister without portfolio in Tamil Nadu Cabinet even after his arrest on June 14 by the Enforcement Directorate.

It had said, "Neither the Constitution nor the Representation of People Act of 1951 disqualifies a person to be a Member of the State Legislative Assembly after he is under custody or is undergoing trial after framing of the charges."

The petitioner contended the High Court erred in noticing that the June 29, 2023 letter issued by the governor in dismissal of the minister under Articles 154, 163 and 164 of the Constitution with immediate effect and after hours issued another to keep the dismissal order in abeyance.

The petitioner raised the question of whether the high court is correct in disposing of the matter with mere advice to the Chief Minister of the State of Tamil Nadu to decide on the continuance of Balaji (who is in judicial custody) as a minister without portfolio, which serves no purpose and which does not augur well with the principles of constitutional ethos on goodness, good governance and purity in administration.

The plea claimed the high court is not correct in stating that there is no legislation on the removal of a minister who is in custody, whereby the court has to interpret and keep the vacuum filled till the law is enacted.