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Allow nominated BJP members to function as MLAs: SC

Last Updated 26 October 2018, 12:15 IST

The Supreme Court on Thursday asked the Puducherry Assembly speaker to allow the three nominated BJP leaders to function as MLAs.

The top court refused to stay the order of the Madras High Court upholding their nomination.

A bench of justices A K Sikri and Ashok Bhushan, however, said the issue of the Centre "unilaterally" appointing the three MLAs without the consultation of the elected government in the Union Territory requires "authoritative pronouncement".

The court agreed to consider the pleas of Congress leaders S Dhanalakshmi and K Lakshminarayanan, challenging the decision of the Centre to appoint the three MLAs.

It has also issued notices to the central and Puducherry governments.

The high court on March 22 upheld the nomination of BJP members V Saminathan, K G Shankar and S Selvaganapathy to the Assembly by the Centre and their swearing-in by Lt Governor Kiran Bedi on July 4 last year, over which the Congress government had protested.

Attorney General K K Venugopal, appearing for the Centre, said Puducherry is a territory of the Union of India and it is the central government, which exercises control through its representative or administrator.

“It is not a federal unit, which could function independent of the central government. It has no autonomy or autonomous powers,” he said.

Senior advocate Kapil Sibal, appearing for Dhanalakshmi and Lakshminarayanan, contended that it has to be considered if the central government can nominate members to the Assembly without consultation, despite the constitutional scheme and there being an elected government in the Union Territory.

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(Published 19 July 2018, 14:38 IST)

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