Arrested Tamil Nadu minister V Senthil Balaji cannot be removed without the consent of the Chief Minister, the Supreme Court said today and dismissed a request by a social activist for his removal.
The Supreme Court's judgment agreed with the Madras High Court's verdict that said the Chief Minister can decide whether Mr Balaji, a minister from the ruling DMK, should be removed as a "minister without a portfolio in the state cabinet serves no purpose."
"The high court was right to consider whether the Governor has the power to dismiss a minister and left it to the Chief Minister to decide whether the person concerned should continue as a minister," a Supreme Court bench of Justice Abhay Shreeniwas Oka said today.
"We do not think there is any scope for interference in this. We agree with the view of the Madras High Court, and no interference is required," the Supreme Court said.
Social activist ML Ravi had challenged the Madras High Court's decision that Mr Balaji can continue as a minister in the Tamil Nadu government despite his arrest by the Enforcement Directorate in a money laundering case.
The minister enjoys the perks and allowances funded by public money and a person in custody cannot do official work, the petitioner said, explaining why Mr Balaji should be removed.
Mr Balaji was arrested on June 14 last year in a money laundering case initiated by the ED based on a cash-for-job case filed by the Central Crime Branch police, Chennai, when he was the transport minister during the previous AIADMK regime.
In early August, unaccounted-for valuables worth more than Rs 16 lakh and Rs 22 lakh in cash were allegedly recovered from the home of a driver after fresh searches were conducted against Mr Balaji and others in connection with the money laundering probe.
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