However, on December 15 last year, while reserving orders on the maintainability of the plea, the High Court had said that it would have to examine how it could issue a notice to a serving Governor of a State given the bar under Article 361.
A gazette notification was issued in October 2021 by the Ministry of Education that administers Auroville, which announced the appointment of a nine-member board with a term of four years to administer the functioning of the Auroville Foundation.
The same notification mentioned the appointment of Ravi as the Foundation’s chairperson.
Senior Advocate S Doraisamy, who appeared for the petitioner, had argued that the provisions of Article 361 is applicable only when a case pertained to the performance of the official duties of a Governor or the President.
He had contended that in the present case, heading the governing board was not the Governor’s official duty.
Doraisamy had also cited the judgement passed by the Madras High Court in a case filed by Rajiv Gandhi assassination case convict S Nalini against the Governor.
He had urged the Court to “issue notice to the Governor to explain “under what authority he was continuing to hold the post of Governor while simultaneously holding an office of profit.”
But the Court in its order passed today, turned down the plea.
Source: Barandbench
