Tamil Nadu Governor refuses to accept re-appointment of K Ponmudy as Minister

K Ponmudy was disqualified as a legislator after he was sentenced to three years imprisonment in a disproportionate assets case by the Madras High Court in December 2023.
DMK leader K Ponmudy
DMK leader K Ponmudy
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Tamil Nadu Governor RN Ravi, on Sunday, March 17, refused to accept chief minister MK Stalin’s recommendation to re-appoint K Ponmudy as a minister. Ponmudy was disqualified as a legislator after he was sentenced to three years imprisonment in a disproportionate assets case by the Madras High Court in December 2023. On March 11, the Supreme Court suspended his jail term and stayed the conviction, following which the CM sent a recommendation to the Governor to re-induct Ponmudy into the cabinet.

In an official communication sent from the Raj Bhavan, the Governor said that Ponmudy was “tainted of corruption” and so “re-induction as minister would be against constitutional morality”, according to a Times of India report. He had also said, “It is pertinent to note that the Supreme Court of India, in the light of Sec 8(3) of Representation of the People Act 1951, in the said order has suspended the conviction by way of interim relief to Dr K Ponmudy. It means the conviction of Ponmudy though existent has been made nonoperative. It has not been set aside.”

Read: Why DMK Minister K Ponmudy stands disqualified as an MLA

It was on December 21, 2023 that the Minister and his wife Visalakshi were convicted by Madras HC. However, the judge suspended the sentence for 30 days, allowing both of them to approach a higher court for relief. Ponmudy, who was the Minister of Higher Education, and his wife were accused of amassing assets worth Rs 1.72 crore when he was serving as the Minister for Higher Education and Mines between 2006-2011. The case was registered against them by the Directorate of Vigilance and Anti-corruption (DVAC) in 2011 after the AIADMK party under Jayalalithaa formed the government. Though the trial court had acquitted the duo in 2016, Justice G Jayachandran of the Madras High Court found that Ponmudy and his wife had 65% disproportionate assets.

As per section 8(1) of the Representation of the People Act which says that a person convicted for various offences, including provisions of the Prevention of Corruption Act, shall be disqualified for a period of six years, Ponmudy was disqualified. On March 5, Tamil Nadu assembly speaker M Appavu declared that Ponmudy’s assembly seat Tirukkoyilur was vacant.

On March 11, the Supreme Court stayed the conviction and suspended the jail term, following which on March 13, Appavu said that his previous notification announcing vacancy of Tirukkoyilur assembly seat would become inoperative.

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