HC reserves orders in case against Guv taking Auroville post

“Why Ravi accepted the post of governor while he was appointed as the chairman of Auroville Foundation under the Auroville Foundation Act, 1988,” the senior lawyer noted

Update: 2022-12-15 16:05 GMT
Madras High Court

CHENNAI: The Madras High Court on Thursday reserved orders in a petition filed against Tamil Nadu Governor RN Ravi for accepting the post of chairman for the Auroville foundation.

The first bench of Acting Chief Justice T Raja and Justice D Bharatha Chakravarthy reserved the orders on hearing a writ of quo warranto filed by M Kannadasan, Kancheepuram district president for Thanthai Periyar Dravidar Kazhagam. The petitioner sought direction to issue notice to governor Ravi seeking an explanation for accepting the chairman post of Auroville Foundation.

According to senior counsel S Doraisamy, Ravi was appointed to the position of chairman of Auroville foundation by the Union Government in 2021 for four-year tenure which is in violation of Article 158 (2) of the Constitution of India as the governor shall not hold any other office of profit.

“As per Section 13 of the Auroville Foundation Act, 1988, the chairman is entitled to salary and other allowances and also service conditions such as leave, pension, provident fund, and other matters. Hence it is an office of profit. Therefore, Ravi cannot continue the post of Governor as he is holding another office of profit, ” the petitioner’s counsel argued.

He further stated that the governor had accepted the position which is entitled to him for salary and other allowances, he suffers disqualification and he is not entitled to continue in the office of the governor.

Recording the submission, the judge asked whether the HC has issued any notice to the governor under Section 361 of the constitution.

Responding to this, the senior advocate claimed that his client wants to issue the notice to individual Ravi and not to the governor Ravi.

“Why Ravi accepted the post of governor while he was appointed as the chairman of Auroville Foundation under the Auroville Foundation Act, 1988,” the senior lawyer noted.

Recording the submissions, the judges adjourned the matter to Friday for making a decision about the maintainability of the petition.

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