HC suggests procedures for nominating MLAs to UT legislatures

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.

They include (i) A clear and unambiguous procedure has to be laid down for nomination of MLAs to the Puducherry Assembly, with particular clarity about where it should emanate from and how it should be carried to its logical end.

(ii) It has to be laid down withspecificity 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.

(iii) Qualifications, qualities and credentials which will go to make a 'well rounded personality' for qualifying for being nominated as an MLA have to be set out.To be noted, we are not on 'eligibility' or 'educational qualification'. We are on 'suitability'.

(iv) If the nominated MLA belongs to a political party on the date of nomination, it should be made clear that he shall become part of the legislature party of that political party.

If there is no legislature party in the House on the date of nomination, the nominated MLA/s shall constitute the legislature party of that political party.

The nomination of the MLAs had deepened the rift between the Lt Governor and the Congress dispensation in Puducherry then with the latter assailing her action as unconstitutional.

Ever since she became the Lt Governor in May 2016, Bedi and the Congress government have been at loggerheads over various issues, including her style of functioning and the swearing-in of the MLAs and medical admissions.

The Union Home Ministry had issued a notification appointing the three members as nominated legislators of Puducherry Assembly on June 23 last year in keeping with the provisions of the Government of Union Territories Act 1963.