No provision barring one Governor for two States: Madras High Court
CHENNAI: Holding that there is no provision in the Constitution barring the Governor of one State to look after the affairs of another one, the Madras High Court has dismissed a writ petition seeking to appoint a full time Governor to Tamil Nadu.
“Article 153 of the Constitution provides that there shall be a Governor for each State. The proviso makes it clear that nothing in that article shall prevent the appointment of the same person as Governor for two or more States,” the first bench of Chief Justice Indira Banerjee and Justcie M Sundar said.
The bench was dismissing a PIL from V Anbazhagan, who claimed himself as a journalist and a social activist, recently.
According to petitioner, K Rosaiah was appointed as Tamil Nadu Governor and his tenure came to an end on August 31, 2016. The Governor of Maharashtra – Ch Vidyasagar Rao – was sworn in Governor of TN also on September 2.
Referring to constitutional provisions relating to the Governor’s duties and functions, in particular Article 154, which provided that the executive power of the State shall be vested with Governor and shall be exercised by him either directly or through the officers subordinate to him in accordance with Constitution, he prayed the court to appoint a Governor exclusively for TN.
The bench pointed out there is not even a whisper of how and in what manner the executive functions of Tamil Nadu have been impaired by reason of appointment of Vidyasagar Rao, in the petition.
“Our interference is, therefore, not warranted in view of the constitutional provision of Article 153 read with the proviso thereto,” the bench said and dismissed the PIL.