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Nomination of 3 MLAs by Bedi valid: HC

Last Updated 22 March 2018, 16:06 IST

Handing down a major victory to Lt Governor Kiran Bedi, the Madras High Court on Thursday upheld her decision to nominate three MLAs, all BJP leaders, to the Puducherry Assembly without consulting Chief Minister V Narayanaswamy and his Cabinet.  

Though the verdict comes as a major setback to the Congress government led by Narayanaswamy, it is unlikely to pose any threat to his dispensation since it enjoys simple majority with the support of 17 MLAs in the House of 30.

With Thursday's order, the strength will increase to 33.
 
Bedi had stoked controversy on July 4, 2017 when she appointed three BJP leaders  - Puducherry party chief V Saminathan, K G Shankar and S Selvaganapathi  - without consulting Narayanaswamy and his cabinet.

The Congress government took strong objection to the "unilateral" decision  by Bedi, as  it felt  that would facilitate the entry of BJP in the Assembly "through  the backdoor".  
 
Assembly Speaker V Vaithilingam also toed his party's line and ensured that the three nominated members did not enter the Assembly by banning their entry inside the premises.

However, the Lt Governor stood her ground, maintaining that she went by the rule book and said it was not necessary for her to consult the Cabinet.

"We hold that the nomination of three MLAs to the Puducherry Legislative Assembly is valid...  the three nominated MLAs will take their seat in the Puducherry Legislative Assembly forthwith," a bench of Chief Justice Indira Banerjee and Justice M Sundar ruled.  
  The judges were ruling on a bunch of petitions filed both for and against the nominations, including the one by the three MLAs challenging the notice issued by the Puducherry Assembly secretary refusing them permission to attend House proceedings.

In  its judgement, the  bench also recalled previous instances where members with political affiliations were nominated as MLAs and rejected the contention that the decision by the Lt Governor was in contradiction with  established rules.

Within minutes of the judgement, an elated Bedi issued a terse statement saying the verdict has strengthened democracy.

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(Published 22 March 2018, 15:46 IST)

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