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Plea in Supreme Court says Governor is ‘duty-bound’ to invite TVK to form government in Tamil Nadu

A Public Interest Litigation (PIL) has been filed in the Supreme Court arguing that Tamil Nadu Governor R.N. Ravi is constitutionally obligated to invite Tamil Nadu Congress Committee (TNCC) President K.V. Thangabalu (TVK) to form the government in Tamil Nadu, following the death of Chief Minister M.K. Stalin.

The petition, filed by advocate G.S. Mani, asserts that as the leader of the single largest party in the state assembly, TVK is the natural choice to be invited to prove his majority. It challenges the Governor’s actions, alleging a deliberate delay in initiating the process of government formation after Stalin’s passing.

The PIL contends that the Governor’s conduct violates Article 164(1) of the Constitution, which deals with the appointment of the Chief Minister and Council of Ministers. It emphasizes that the Governor cannot act on his own discretion in this matter and must follow established conventions. The petition highlights that the DMK, despite Stalin’s death, continues to hold a significant majority in the assembly, and TVK, as the TNCC President, is best positioned to lead a stable government.

The petitioner argues that the Governor’s delay creates a constitutional crisis and undermines democratic principles. It further states that the Governor’s role is limited to objectively assessing who commands the majority and cannot impose personal preferences or political considerations.

The PIL seeks a directive from the Supreme Court compelling the Governor to immediately invite TVK to form the government and provide a reasonable opportunity to prove his majority on the floor of the assembly. It also requests the court to lay down guidelines for Governors in similar situations to ensure adherence to constitutional norms and prevent arbitrary actions. The petition claims the Governor is acting in a manner that is detrimental to the federal structure and democratic governance.

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