Holding Floor Test; Court has no jurisdiction to give directive to Governor

Vijay-Narayan-860-01

Tamil Nadu Advocate General Vijay Narayan has observed that Court cannot direct Tamil Nadu Governor Ch Vidyasagar Rao to ask Chief Minister Edappadi K. Palaniswami to prove his majority in the Legislative Assembly as he (Governor) enjoys constitutional immunity from answering courts with respect of performance of his official duties.

He was making submissions in the Madras High Court on a public interest litigation filed filed by Chennai-based advocate P. Pugalenthi seeking a direction to the Governor to ask Tamil Nadu Chief Minister to hold a Floor Test. He pleaded that the PIL petition was not maintainable on the face of it. This is not a public interest litigation but publicity interest litigation.

Advocate General pointed out that the letter given by the 19 MLAs was an intra-party affair which does not warrant the interference of the Governor.

Petitioner’s counsel M. Radhakrishnan submitted that democratic polity in the State was at stake since the Chief Minister did not enjoy the support of a majority of the MLAs in the House. He referred to a letter submitted by 19 AIADMK MLAs, owing allegiance to sidelined party leader T.T.V. Dhinakaran, to the Governor on August 22 expressing lack of confidence in the Chief Minister.
The Bench comprised of Chief Justice Indira Banerjee and Justice M. Sundar.

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