Governor's immunity under Article 361 bars writ challenge to a prosecution sanction treated as an administrative act.

Article 361 confers personal immunity on the Governor, so a writ petition cannot be used to challenge a sanction order for prosecution on merits. The sanction to prosecute is treated as an administrative act that does not determine guilt or, by itself, affect any fundamental right. On that basis, objections based on Article 21, mala fides, public interest, or the absence of prior investigation were not examined in the writ proceeding. The earlier Division Bench view was applied, and later Supreme Court observations in a different context were held not to alter the scope of Article 361. The challenge to the sanction order therefore failed.

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Issues: Whether a writ petition challenging the Governor's order granting sanction for prosecution was maintainable in view of the Governor's constitutional immunity under Article 361 of the Constitution of India.

Analysis: The writ petition sought to quash the sanction order passed by the Governor for prosecuting the petitioner for offences under the Penal Code and the Prevention of Corruption Act. The Court held that the earlier Division Bench decision, based on the Governor's personal immunity under Article 361, governed the case and required no reconsideration. The reliance placed on later Supreme Court observations was rejected because those observations arose in a different context and did not deal with the scope of Article 361. The Court further held that sanction to prosecute is an administrative act, that it does not by itself determine guilt or affect any fundamental right, and that objections based on Article 21, mala fides, public interest, or the absence of prior investigation could not be examined at this stage in a writ petition against the Governor.

Conclusion: The writ petition was not maintainable and the challenge to the sanction order failed.

Ratio Decidendi: A writ petition cannot be maintained to challenge the Governor's sanction order where Article 361 confers personal immunity on the Governor and the sanction order is only an administrative act not attracting adjudication on merits in such proceedings.

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