Madras HC rejects plea to appoint full-time TN Governor

Petitioner had submitted that Maharashtra Governor Ch Vidyasagar Rao was holding additional charge of TN for the past seven months and hence there was no “effective administration of the executive”.

April 22, 2017 04:48 pm | Updated 06:24 pm IST - Chennai

Governor Ch. Vidyasagar Rao

Governor Ch. Vidyasagar Rao

The Madras High Court has dismissed a petition seeking the appointment of a full-time Governor for Tamil Nadu, holding that the Constitution provides for appointment of the same person as Governor of two States.

The first Bench, comprising Chief Justice Indira Banerjee and Justice M Sundar, rejected the petition filed by journalist and social activist V.Anbazhagan.

The petition sought a court direction to the President and the Union Home Ministry to appoint a full-time Governor by implementing the recommendations of the Sarkaria Commission.

When the matter came up last week, the Bench said. “Article 153 of the Constitution of India provides that there shall be a Governor for each State. The proviso makes it clear that nothing in that Article shall prevent the appointment of the same person as Governor of two or more States.”

Noting that the appointment of a Governor is in the realm of powers of the office of the President of India, the Bench said, “In view of the proviso to Article 153 of the Constitution of India, the interference of the court is not warranted.”

The petitioner had submitted that Maharashtra Governor Ch Vidyasagar Rao was holding additional charge of Tamil Nadu for the past seven months and hence there was no “effective administration of the executive”.

He also pointed out that as per Article 154, the executive power of the State shall be vested with the Governor and it shall be exercised by him either directly or through the officers subordinate to him in accordance with the Constitution.

Dismissing the petition, the Bench further said, “In the writ petition or the documents appended thereto, there is not a whisper of how and in what manner the executive functions of the State of Tamil Nadu have been impaired by reason of appointment of Ch. Vidyasagar Rao , who is the Governor of the state of Maharashtra as well as the Governor of the state of Tamil Nadu.

“Our interference is therefore not warranted in view of the Constitutional Provision of Article 153 read with the proviso thereto,” the Bench said.

0 / 0
Sign in to unlock member-only benefits!
  • Access 10 free stories every month
  • Save stories to read later
  • Access to comment on every story
  • Sign-up/manage your newsletter subscriptions with a single click
  • Get notified by email for early access to discounts & offers on our products
Sign in

Comments

Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.

We have migrated to a new commenting platform. If you are already a registered user of The Hindu and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.