SC dismisses plea against HC order cutting L-G's power

SC dismisses plea against HC order cutting L-G's power

The Madras High Court. PTI file photo

The Supreme Court on Friday dismissed a plea by the Union government as well as administrator of Puducherry against the Madras High Court judgement that had circumscribed the power of Lieutenant Governor, after the apparent power tussle between Kiran Bedi and Chief Minister V Narayanasamy.

A bench of Chief Justice Ranjan Gogoi and Justices Deepak Gupta and Aniruddha Bose declined to consider the special leave petitions against the high court's judgement of April 30.

The petitioners have contended that the high court's judgement has eroded the import of the Rules of Business of the Government of Puducherry 1963, relating to administrator's executive functions and the overarching power of the central government and brought the administrative machinery in Puducherry to an impasse, creating a situation demanding immediate rectification.

“The high court's judgement virtually equates the Lieutenant Governor or the administrator of Puducherry to the governor of a state thereby rendering appointment of an administrator under Article 239 otiose, redundant and nugatory and violating principles of law already settled by the Constitution benches of this court,” it said.

On Friday, Solicitor General Tushar Mehta sought to argue the matter but the court remained firm that it would not intervene with the high court's order.

Notably, the court had earlier refused to stay the high court's judgement. Subsequently, the court, however, had restrained the government in Puducherry from implementing any Cabinet decision having financial implications.