CHENNAI: The first bench of Madras High Court consisting of Acting Chief Justice T Raja and Justice D Bharatha Chakravarthy on Thursday dismissed a petition seeking to disqualify Tamil Nadu Governor RN Ravi for holding a post of “office of profit” as he heads the governing council of Auroville Foundation in Puducherry.
Pronouncing the orders, the bench said the writ of quo warranto filed by M Kannadasan, Kancheepuram district president of Thanthai Periyar Dravidar Kazhagam, is “not maintainable” since the President, Governors are not answerable to the courts as the Constitution has provided them immunity.
The bench also cited certain judgments of constitutional benches of the Supreme Court on litigations related to the President and Governors.
The petitioner’s case is that Ravi, who assumed charge as the Governor of Tamil Nadu on September 18, 2021, was appointed as 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 Auroville Foundation Act, 1988.
It is a public office. It carries salary for the post, senior advocate S Doraisamy, appearing for the petitioner, had argued during the hearing.
Quoting Article 158 (2) of the Constitution, he stated that the Governor is barred from holding any other office of profit. Thus he, in contravention of the provisions of the Constitution, had assumed office of profit, thereby receiving salary and other emoluments from the Auroville Foundation.
He further stated that the moment the Governor had violated Article 158 (2) of the Constitution, he ceases to be Governor of the State.
When the bench questioned how the court could order notice to the Governor as the President and the Governors are provided with immunity, Doraisamy contended that the provisions of Article 361 were applicable only if the performance of the official duties of a Governor or the President is questioned; and pointed out that heading the Auroville Foundation is not his official duty.