HC rejects petition to disqualify TN governor

Kancheepuram district president of Thanthai Periyar Dravidar Kazhagam, M Kannadasan, had filed the writ of quo warranto and submitted that as per Section 13 of the Auroville Foundation Act, 1988, the chairman was entitled to a salary, allowances and other benefits by the Union government

The Madras high court on Thursday rejected a petition filed by Thanthai Periyar Dravidar Kazhagam seeking to disqualify Tamil Nadu governor R N Ravi from his post as “he is simultaneously holding a for-profit position as Auroville Foundation chairperson in neighbouring Puducherry”.

The Madras high court while dismissing the petition as “non-maintainable” stated that it cannot issue a notice to the governor as he enjoys immunity under Article 361 of the Indian Constitution. (HT Archives)

The court while dismissing the petition as “non-maintainable” stated that it cannot issue a notice to the governor as he enjoys immunity under Article 361 of the Indian Constitution.

The first bench of acting chief justice T Raja and justice D Bharatha Chakravarthy, maintained that the governors and the President, were “not answerable to any court for exercise and performance of the powers and duties of their office, a privilege extended by Article 361”.

Kancheepuram district president of Thanthai Periyar Dravidar Kazhagam, M Kannadasan, had filed the writ of quo warranto and submitted that as per Section 13 of the Auroville Foundation Act, 1988, the chairman was entitled to a salary, allowances and other benefits by the Union government.

Citing Article 158(2) of the Constitution, the petitioner had stated that the governor is prohibited from holding any other office of profit, and wanted Ravi to explain to the court “the authority in which he is continuing to hold the office of the governor”.

“The court has rejected it in view of Article 361 saying that no court can entertain such a plea and hence it is not maintainable,” said senior counsel for the petitioner S Doraisamy. Last month, Doraisamy had argued that on the maintainability and the merits of the petition.

The bench had earlier reserved the orders in this case on 15 December 2022. Ravi had assumed the office as Tamil Nadu’s 26th governor on 18 September 2021. The Union government had then nominated him as the chairman of the reconstituted governing board of the Auroville Foundation in October 2021 for four years.