Secretary to the Governor, Speaker removed from appeal on House posting

CHENNAI: Holding that the Governor enjoys immunity under Article 361 of the Constitution, the Madras High Court has deleted the secretary to the Governor and the Speaker from the writ petitions challenging the appointment of K Srinivasan as secretary of the Tamil Nadu Legislative Assembly. However, Justice T Raja, before whom the writ petitions came up on Wednesday, directed Advocate-General Vijay Narayan to clarify as to against whom a direction can be issued, in case the petitions challenging the appointment are allowed.

The judge posted for further hearing the petitions from LS Vasanthimalar and B Subramaniyam, additional secretary and joint secretary respectively of the TN Legislative Assembly, who sought to quash the order initially appointing Srinivasan as special secretary and later as secretary of the Assembly and consequently to appoint one among them to the post.

Earlier, petitioners’ 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 the Governor. He also pointed out that there are administrative and reporting wings. A reporter (Srinivasan) cannot be brought to the  general administrative wing. Srinivasan has been wrongly brought to the post of secretary in the general administrative wing, he contended.

The Advocate-General, taking notice for the secretary to the Governor and two others, pleaded that no notice is required to be issued to the Speaker.Wilson added that the immunity granted under Article 361 cannot be extended to the power exercised by the Governor while appointing the secretary to the TNLA department. Article 361 will not come in the way as the Governor was acting under a statute. The post of secretary was given to an ineligible person. So notice can be issued to the secretary to the Governor, Wilson argued.