Guv can't stop Saji Cheriyan's swearing-in ceremony, say legal experts

Thiruvananthapuram: Kerala Governor Arif Mohammed Khan cannot stop the re-entry of Chengannur MLA Saji Cheriyan into the state Cabinet.

As per the legal advice that the Khan has received, it is the Constitutional duty of the Governor to swear-in the person nominated by the Chief Minister, reports Manorama News.

The Governor can ask for further explanation regarding the decision by the Chief Minister, however, he cannot stop the ceremony.

Cheriyan, who had resigned following a controversy surrounding his alleged anti-constitutional remarks at a public event in Mallappally six months ago, is expected to swear in to the Cabinet on January 4.

He is expected to get his earlier portfolios of fisheries, culture and youth affairs.

Even though M B Rajesh was brought in as a replacement when M V Govindan resigned from the Cabinet to take over as the party secretary, CPM decided not to find a replacement for Cheriyan.

The party strongly feels that had Cheriyan been a minister, the Vizhinjam protest would not have taken such a bad turn.

Govindan said that Cheriyan’s return to the Cabinet is a state secretariat decision.
HC dismisses pleas, case in Thiruvalla court case on
The High Court recently dismissed two pleas that wanted to disqualify Cheriyan as MLA in view of his speech allegedly insulting the Constitution.

The petitions had claimed that Cheriyan's actions attracted disqualification under Section 9 of the Representation of the People Act, 1951.

Section 9 of the Act states that "a person who having held an office under the government of India or under the government of any state has been dismissed for corruption or for disloyalty to the state shall be disqualified for a period of five years from the date of such dismissal."

The pleas had also contended that Cheriyan's conduct was a violation of Article 173(a) of the Constitution and that a case has also been registered against him under the Insults to National Honour Act, 1971 in connection with his controversial speech.

Rejecting the contention, the bench said that Article 173 of the Constitution of India deals with the qualifications of a person to become an MLA, which has nothing to do with the case projected by the petitioners.

However, the case filed at the Judicial First Class Magistrate Court in Thiruvalla by Kochi-based lawyer Baiju Noel, contending that the former minister committed an offence under Section 2 of the Prevention Of Insults To National Honour Act ,1971 (ACT. 69 Of 1971), is still not over.