: The Periyar Advocates Forum, the legal wing of the Thanthai Periyar Dravidar Kazhagam (TPDK), has contended that Governor Ch. Vidyasagar Rao’s decision to allocate Chief Minister Jayalalithaa’s portfolios to Finance Minister O. Panneerselvam was Constitutionally invalid, since there was “no direct communication” from her.
“The Governor cannot act on the information given by a third person that the Chief Minister has requested him to allocate the portfolios to another cabinet minister. Such advice can be communicated to the Governor only by the Chief Minister either orally or in writing duly signed by the Chief Minister,” said advocate S. Doraisamy, president of the Forum in a representation addressed to Mr. Rao.
Citing Constitutional provisions, the Forum added that the Governor is only a Constitutional head and can act only on the advice of the Chief Minister. The Governor cannot even summon the Chief Secretary to inquire into the functioning of the State government.
Pointing to the Governor’s visit to Apollo Hospitals on October 8, the Forum claimed, “Even during the visit, the Governor could not meet the Chief Minister. Thus, there was a communication gap between the two Constitutional authorities.”
Alleging that a situation has arisen where the State’s affairs cannot be carried on in accordance with the provisions of the Constitution, the Forum wanted the Governor to invoke Article 164 of the constitution instead of Article 356.
