SC asks Puducherry Assembly speaker to allow nominated BJP members to function as MLAs

The Supreme Court today asked the Puducherry Assembly speaker to allow the three nominated BJP leaders to function as MLAs and refused to stay the order of the Madras High Court upholding their nomination.

The top court 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".

A bench of justices A K Sikri and Ashok Bhushan agreed to hear 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.

It also held as invalid the speaker's order cancelling the nominations of the MLAs.

The apex court bench said, "The speaker of the Puducherry Assembly shall allow the nominated members to function as MLAs till the petitions are adjudicated."
At the outset, senior advocate Kapil Sibal, appearing for the three Congress leaders Dhanalakshmi and Lakshminarayanan, said, "We are under the federal structure of governance and their is a concept of co-operative federal structures."