After days of silence from the Tamil Nadu governor, media has accessed a governor’s note that sheds light on his thinking on Sasikala’s swearing in.
In what could be a major setback to VK Sasikala, Governor Vidyasagar Rao in this 3-page note stated that he is ‘constitutionally bound’ not to swear in Chinnamma. Citing the disproportionate Asset case against Sasikala, Governor Rao is of the view that it won’t be prudent to call Sasikala to form the government as the situation in Tamil Nadu is very critical.
A peculiar situation in the case is that the resolution of the AIADMK Legislators was actually proposed by Tr. O. Panneerselvam. In the resolution given by Tmt. V.K. Sasikala it is seen that it was mooted because Thiru O. Panneerselvam informed the General Secretary of the AIADMK, Tmt VK Sasikala, of his resignation having been submitted to the Governor.
It is also noted that the Thiru O Panneerselvam has proposed the resolution and also signed the same. Now, Thiru O Panneerselvam has stated that he was constrained, forced and coerced to sign the resignation letter under duress and therefore requested to rescind any action taken thereon.”
“The current situation in Tamil Nadu presents a unique set of Constitutional issues with no precedent of this kind. Here is a person who stakes claim to form government based on the resolution passed at a meeting of the Party Legislators.
But she is not a legislator in the Assembly. Hence, it is not a straight case under Article 164(1) but has to be considered under Article 164(1) read with 164(4).”
Article 164(4) states as follows: “A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister.”
But the Governors office has clarified that they have not sent any report to the centre so far.
