3 MLAs nominated to Pondy Assembly get HC green light

The case pertained to Puducherry Lieutenant Governor Kiran Bedi nominating three MLAs — V Saminathan, S Selvaganapathi and K G Shankar — of the Puducherry unit of the BJP without the recommendation of Chief Minister V Narayanasamy. 

Setting aside the Speaker’s order and holding that the three nominated MLAs can take their seats in the Assembly forthwith, the first bench of Chief Justice Indira Banerjee and Justice M Sundar, said, “None of the Rules confer on the Speaker the power or authority to decide if the election or nomination of any Member of the Legislative Assembly is valid, or to decide the question of disqualification of any member, except in case of disqualification under the Tenth Schedule of the Constitution of India.” 

The CJ, while agreeing to the conclusions arrived at by the other judge on the bench, also held, “In my view, on a reading of Article 239 of the Constitution with Section 14(3) of the UT Act, all questions of disqualification, including disqualification of a nomination can only be referred to the President, whose decision is to be final.” 

The Chief Justice also held, “In this case, the nomination has been made by a notification of the Home Ministry of the Central Government and is signed by its Joint Secretary. Any objection on the ground of competence of the department to make the nomination would necessarily have to be taken by the Competent Authority of the Central Government and not by so-called public interest litigants, or, for that matter, the Speaker or the Chief Government Whip.” 

“The argument that the Lieutenant Governor could not have administered oath to the nominated Members without the advice of the Council of Ministers headed by the Chief Minister is also legally unsustainable,” the bench added. 

However, the bench in its order also put forth recommendations for consideration by Parliament, including laying a clear and unambiguous procedure for nomination of MLAs, with particular clarity on where it should emanate from and how it should be carried to its logical end. It also laid down with specificity as to who/which office will actually exercise the powers of nomination under Section 3(3) of the UT Act eliminating the need to resort to inferential process which has become necessary in the instant case