Chennai: Pointing out that notice cannot be issued to the Governor as he enjoys immunity under Article 361 of the Constitution, Madras high court has deleted secretary to Governor and Speaker, cited as party respondents in the petitions, challenging the appointment of K. Srinivasan as secretary, Tamil Nadu Legislative Assembly.
The judge posted to March 21 for further hearing of the petitions filed by L.S. Vasanthimalar and B. Subramaniyam, additional secretary and joint secretary of Tamil Nadu Legislative Assembly, which sought to quash secretariat orders appointing Srinivasan as special secretary and subsequently as secretary, Tamil Nadu Legislative Assembly and consequently to appoint Vasanthimalar as secretary, TN Legislative Assembly.
The judge said initially two petitions were filed and secretary to Governor and Speaker were cited as respondent 2 and 3. Senior counsel P. Wilson submitted that since the Governor was the appointing authority for the post of secretary in the general administrative wing, notice has to be issued to the secretary to Governor.
Advocate general taking notice for secretary to Governor and two others pleaded that no notice was required to be issued to the Speaker. Therefore, this court issued notice to the secretary to Governor, the judge added.
The judge said after some time, third petition was filed, challenging the appointment of Srinivasan as the secretary, TNLA. When this petition was taken up for hearing, the court entertained a doubt whether notice shall be issued to the Governor or secretary to Governor. Senior counsel Wilson submitted when the Governor was the sole appointing authority of the secretary, TNLA, notice can be issued to the secretary to Governor. The immunity granted under Article 361 cannot be extended to the power exercised by the Governor while appointing the secretary to TNLA department. Article 361 will not come in the way as the Governor was acting under a Statute. The post of secretary was going to be given to ineligible person so notice can be issued to the secretary to Governor, Wilson had added.
Opposing the same and citing judgments of the Supreme Court, Advocate general submitted that whether the Governor was exercising his powers under the Constitution or statute, he enjoys the Constitutional protection under Article 361.
Advocate general further submitted that there is a complete bar in issuing notice to the Governor and Governor was not answerable to the court. “I agree with the submissions made by advocate general,” the judge added and ordered the deletion of secretary to Governor and Speaker, cited as party respondents from the petitions.
