The Madras High Court on January 5 held as not maintainable a writ of quo warranto filed against Tamil Nadu Governor R.N. Ravi.
- The petitioners had questioned the authority under which he was holding the office while simultaneously serving as the Chairman of the Board of Governors of the Auroville Foundation in Puducherry.
- First Division Bench of Acting Chief Justice held that a writ petition against the Governor could not be entertained in view of the immunity enjoyed under Article 361 of the Constitution.
- They refused to direct the High Court Registry to number the writ petition.
- In an affidavit, the petitioner contended that Article 158(2) of the Constitution prohibits Governors from holding any other office of profit, and therefore, the governor must be called upon to explain the authority under which he was holding the office of Governor even after the Auroville appointment.
- In an affidavit, the petitioner contended that Article 158(2) of the Constitution prohibits Governors from holding any other office of profit.
Constitutional Provisions
- The supreme court, and High courts have power to issue writs in the nature of habeas corpus , quo warranto, mandamus , certiorari ,prohibition etc., under Arts. 32 and 226 respectively. The term quo warranto means what is your authority.
- Quo warranto prevents illegal usurpation of public office by an individual.
- Article 158(2) of the Constitution says that the Governor shall not hold any other office of profit.
- Article 361 of the Constitution some types of protections are available to President of India and Governors of states.
- Article 361 (1) :The President, or the Governor or Rajpramukh of a State, shall not be answerable to any court for 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:
- Article 361 (2): No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor of a State, in any court during his term of office.
- Article 361 (3): No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any court during his term of office.
