Madras High Court To Decide Maintainability Of Plea Seeking Disqualification Of Governor RN Ravi

The petitioner had submitted that as per Section 13 of the Auroville Foundation Act, the Chairman was entitled to salaries and allowances along with other benefits like leave, pension, provident fund etc as fixed by the Central Government. Drawing attention to Article 158(2) of the Constitution of India which prohibits the Governor from holding any other office of profit, Kannadasan submitted that the moment Ravi accepted the position of Chairman, he was disqualified to continue in the office of the Governor.

When the case came up for hearing today, the bench of Acting Chief Justice T Raja and Justice Bharatha Chakravarthy asked the petitioners how the petition would be maintainable as the Governor is protected under Article 361 of the Constitution.

The petitioner argued that the protection under Article 361 is only with respect to the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties.

Relying upon clause 4 of Article 361, the petitioner argued that the current challenge was not against the office of Governor performing duties but in his individual capacity.

"I'm not asking the Governor to respond. I'm asking Mr Ravi to explain how he is continuing to hold office while also holding an office of profit," the petitioner argued.

After hearing the petitioner in detail, the court has reserved orders.