Chennai: A petition questioning under what authority the Tamil Nadu Governor R N Ravi was holding the Constitutional post while simultaneously serving as Chairman of Board of Governors, Auroville Foundation in Puducherry, has been dismissed as “not maintainable” by the first Division Bench of the Madras High Court.
Chairman of Auroville an "office of profit": petitioner
A functionary of the Thantha Periyar Dravidar Kazhagam, a splinter outfit of the Dravidar Kazhagam, had moved the quo warranto writ against the Governor arguing that the post of Chairman of Auroville Foundation was an “office of profit” since it provided for payment of salary, allowances, leave and pension.
'Immunity enjoyed by Guv under constitution': HC
However, Acting Chief Justice T Raja and Justice D Bharatha Chakravarthy, before whom the High Court Registry had listed the petition for “maintainability” (before listing) on Thursday held such a petition against the Governor could not be entertained in view of the immunity enjoyed by the occupant of the post under Article 361 of the Constitution. Therefore, the Bench refused to direct the Registry to number the writ petition.
The petitioner had argued that Article 158 (2) of the Constitution prohibited Governors from holding any other office of profit and hence Ravi must be called upon to explain under what authority he was holding the office of Governor after being appointed to the Auroville Foundation.
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