Court cannot question the correspondence between the Guv & TN CM: MHC
The petitioner's counsel said that since the correspondence between Chief Minister and the Governor is confidential, it is not possible to produce the letter.
V Senthilbalaji (File)
CHENNAI: The Madras High Court has adjourned the hearings of the petitions challenging the continuation of Senthilbalaji in the State Cabinet as a minister without portfolio, while he was arrested in the PMLA case.
The court also said that there is a difference between the Governor expressing displeasure with Senthilbalaji's continuation in the Cabinet and the Governor ordered to expel him from the Cabinet.
The case was heard by the first division bench comprising Chief Justice SV Gangapurwala and PD Audikesavalu, on Monday.
Desiya Makkal Sakthi Katchi president ML Ravi moved the Madras High Court (MHC) seeking to quash the government order which allows Senthilbalaji to continue in the Cabinet.
Likewise, another petitioner Ramachandran, filed a petition seeking to direct the government on what ground Senthilbalaji is continuing in the Cabinet.
The bench directed the petitioner to submit the letter which was sent by Tamil Nadu Chief Minister MK Stalin to the Governor seeking permission to retain Senthilbalaji in the Cabinet.
The petitioner's counsel said that since the correspondence between Chief Minister and the Governor is confidential, it is not possible to produce the letter.
Further, the counsel wondered how Senthilbalaji continues as a minister even though the Governor expressed his displeasure and then what is the value of the Governor's opinion.
The petitioner said that the Governor has sent a letter to the Chief Minister asking to remove Senthilbalaji from the Cabinet.
The governor's office should be ordered to submit the letter which was sent by the Governor, said the petitioner.
However, the bench said that the court cannot interfere in this matter without any order from the Governor and stated that the correspondence between the Governor and the Chief Minister cannot be questioned.
During the hearing, former minister D Jayakumar's son's counsel requested to hear the quo warranto petition filed challenging Senthilbalaji's continuation in the Cabinet.
Accepting this, the bench posted all three petitions to July 7, 2023, for further hearings, the bench ruled.
