High Court suggests procedures for nominating MLAs to UT legislatures

Chennai: The Madras High Court, while upholding the nomination of three BJP members to Puducherry Assembly by the Centre last year, has suggested that Parliament consider a clear and unambiguous procedure to be laid down for nomination of MLAs to Union Territory Legislatures.

The court yesterday upheld the nomination of three BJP members to the Assembly by the Centre last year and their swearing-in by Lt Governor Kiran Bedi, over which the Congress government had protested.

The court ruled that an Administrator of a Union Territory had powers to act irrespective of the advice by Council of Ministers.

A bench of Chief Justice Indira Banerjee and Justice M Sundar passed the order allowing petitions by the three MLAs, whose nomination was cancelled by Puducherry Assembly Speaker V Vaithilingam later.

It also held as invalid the Speaker's order cancelling the nomination of the MLAs - V Saminathan, K G Shankar and S Selvaganapathi, sworn-in as MLAs by Bedi on July 4 last year.

It said that unlike the President of India or the Governor of a state, the Administrator of a Union Territory has powers to act independently irrespective of the advice given by the council of ministers headed by the chief minister.

In their separate but concurring judgements, the judges held that the nomination was made in exercise of powers under Section 3(3) of the UT Act, enacted by the Union Parliament.

Justice Sundar, while dealing with the power of nomination of MLAs by the Centre to the Union Territory, discussed judgements of various high courts and made recommendations to Parliament for consideration.