CHENNAI: The first bench of Madras High Court on Thursday reserved orders on the maintainability of a petition seeking to disqualify Governor RN Ravi for holding an “office of profit” as the head of the Puducherry-based Auroville Foundation. The bench of Acting Chief Justice T Raja and Justice D Bharatha Chakravarthy said they would have to determine how a notice could be issued to the governor as Article 361 of the Constitution states the President and governor are not answerable to the courts, and provides them with immunity.
The bench was hearing a writ of quo warranto filed by M Kannadasan, Kancheepuram president of Thanthai Periyar Dravidar Kazhagam. Advocate S Doraisamy, appearing for the petitioner, argued that the provisions of Article 361 were applicable only if the official duties of a governor or the President were questioned. The post of chairperson of the Auroville Foundation governing council is not Ravi’s official duty, he pointed out, urging the court to issue notice to Ravi to explain under what authority simultaneously holding an “office of profit” and the post of governor.
Quoting Article 158 (2) of the Constitution, the petitioner had stated that the governor is barred from holding any other office of profit. He further stated that the moment that Ravi had violated Article 158 (2) of the Constitution, he ceases to be governor of the state.
Kannadasan’s petition stated Ravi had assumed charge as the Tamil Nadu governor on September 18, 2021. He was then appointed the full-time chairperson of the Auroville Foundation on October 6, 2021, by the Union Ministry of Education by exercising powers under section 11 r/w 12 of the Auroville Foundation Act, 1988. “It is a public office. It carries salary for the post,” he added.