Plea in HC seeks to disqualify Tamil Nadu governor, Legal News, ET LegalWorld – Legal Firms


Tamil Nadu governor R N Ravi shall be disqualified from holding the constitutional post, as he is the chairperson of Auroville Foundation, which is a public office from which he has been drawing salaries and allowances, alleged a quo warranto petition filed in Madras high court.

The plea, filed by Thanthai Periyar Dravidar Kazham’s Kancheepuram district secretary M Kannadasan, contended that the Constitution prohibited the governor from holding two posts simultaneously.

He wanted the court to direct Ravi to explain on what authority he holds the office of the governor of Tamil Nadu.

According to the petitioner, the Union government appointed Ravi as the chairperson of the foundation through a notification dated October 6, 2021, for a term of four years. It is a public office and the post carries salary and other allowances. Hence it is an office of profit, he said.

Citing Article 158(2) of the Constitution, he submitted that the law prohibits the governor of a state from holding any other office of profit.

“Once Ravi accepted an office that entitled him salary, he suffered disqualification and he is not entitled to continue in the office of the governor of Tamil Nadu anymore and he is liable to be removed,” he said.

A disqualified person cannot continue in the office of the governor. The moment Ravi entered the office of chairman of Auroville Foundation he had violated Article 158(2) of Constitution and ceased to be the governor of Tamil Nadu, he added.

Pointing out Section 13 of the Auroville Foundation Act, the petitioner said, as per the Act, the chairman of the governing board shall be entitled to such salary and allowances and such conditions of service in respect of leave, pension, provident fund and other matters as may, from time to time, be fixed by the central government.

“Thus, Ravi is entitled for salary and other allowances and also service conditions such as leave, pension, provident fund and other matters. Hence it is an office of profit,” he said.

The plea is likely to be taken up for hearing on Thursday.


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