Courts cannot issue notice to 'Governor' because he is immune under Article 136: Madras HC rejects petition against TN Governor

Courts cannot issue notice to 'Governor' because he is immune under Article 136: Madras HC rejects petition against TN Governor

On January 5, a Madras High Court’s division bench led by Acting Chief Justice T Raja and Justice D Bharatha Chakravarthy dismissed a petition by Thanthai Periyar Dravidar Kazhagam questioning Governor RN Ravi's authority to continue in office. The bench dismissed the petition, stating that the court could not issue a notice to the Governor because he is immune under Article 136 of the Constitution.

The bench had previously asked the petitioner during the hearing how the court could give effect to the petition if the Governor refused to take notice.

“We want to know whether the court has ever issued a notice to the Governor. Suppose we issue notice. He can refuse to take notice stating Article 361. Now we also cannot issue any process against him. So how will we give effect to this writ petition?”
It held that the Governor was not answerable to the court because of his immunity granted by Article 136 of the Constitution. As a result, the court dismissed the petition as unmaintainable.

Case Title: M Kannadasan v Union of India
Case No: WP 133846 of 2022 

 

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