JUDGMENT

(Prayer in W.P.No.18823 of 2023: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of quo warranto to be issued calling upon the respondents to answer under what authority the respondent No.4 is holding the post of State Minister and consequently remove the respondent No.4 from the post of State Minister.

W.P.No.18813 of 2023: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari to call for the entire records of the 2nd Respondent in Press Release No. 1190 dated 16.06.2023 and quash the same in so far as it relates to ordering continuance of the 4th respondent as Minister without portfolio.

W.P.No.20069 of 2023: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of quo warranto directed against the 5th respondent requiring him to show cause by what authority he retains the Constitutional post of Minister of the State of Tamil Nadu.

W.P.No.20129 of 2023: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari to call for the entire records of the D.O. Letter No.0014/RBTN/2023, dated 29.06.2023 issued by the Governor of Tamilnadu and quash the same.)

Common Order:

Sanjay V.Gangapurwala, CJ.

The primordial issues involved are qua the continuation of V.Senthil Balaji as a Cabinet Minister of the State of Tamil Nadu consequent to his arrest and as to whether a Minister could continue in office without being assigned any responsibilities and duties, that is without any portfolios, while in judicial custody.

2. The entire controversy triggered off as a sequel to the action taken by the Enforcement Directorate pursuant to the direction given by the Apex Court in the judgment dated 16.5.2023 passed in SLP (Cri) No.12779 to 12781 of 2022, whereby the Enforcement Directorate was directed to proceed with the case registered against V.Senthil Balaji and conclude the investigation within two months.

3. Pursuant to the aforesaid direction given by the Apex Court, the Enforcement Directorate registered a case on 14.6.2023 under Section 4 of the Prevention of Money Laundering Act, 2002 and V.Senthil Balaji was arrested by the Enforcement Directorate on 14.6.2023.

4. Consequent thereto, the Governor of Tamil Nadu issued an order dated 17.6.2023 notifying the re-allocation of portfolio of V.Senthil Balaji upon the recommendation and advice of the Chief Minister and took serious objections to his continuance as a Minister without portfolio. On 29.6.2023, the Governor addressed a letter dismissing V.Senthil Balaji from the Council of Ministers and observed that his continuation will not only lead to obstruction of due process of law and disrupt the course of justice, but also would lead to breakdown of the Constitutional machinery in the State. The said letter was kept in abeyance on the same day by the Governor, awaiting the opinion of the Attorney General for India.

5. It is in this aforesaid background that the petitioners have filed these writ petitions.

6.1. Mr.V.Raghavachari, learned Senior Counsel appearing on behalf of the petitioner in W.P.No.20069 of 2023, who had prayed for issuance of a quo-warranto, submits that though V.Senthil Balaji does not completely suffer a disqualification as a Member of Legislative Assembly under the Representation of People Act, 1951 (for brevity, hereinafter referred to as, “the Act of 1951”), he has virtually forfeited his office as a Minister on account of being arrested and detained in prison, or in other words by being in judicial custody. As V.Senthil Balaji is in the judicial custody, he has disabled himself from performing the duties and responsibilities of being a public servant and, as such, he ought not to continue as a Minister, more so when the Governor has expressed his displeasure in the continuation of V.Senthil Balaji as a Minister c