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Kiran Bedi Moves SC For Status Quo Prior To Madras HC Judgment Curbing LG's Powers In Puducherry

LIVELAW NEWS NETWORK
28 May 2019 1:15 PM GMT
Kiran Bedi Moves SC For Status Quo Prior To Madras HC Judgment Curbing LGs Powers In Puducherry
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Puducherry Lieutenant Governor Kiran Bedi has filed an application seeking an order for maintaining status quo prior to the April 30 judgment of the Madras High Court, which had ruled that LG could not interfere in the day to day administration by the elected government of Puducherry.Though special leave petition was filed against the Madras HC judgment, the SC on May 10 merely issued notice...

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Puducherry Lieutenant Governor Kiran Bedi has filed an application seeking an order for maintaining status quo prior to the April 30 judgment of the Madras High Court, which had ruled that LG could not interfere in the day to day administration by the elected government of Puducherry.

Though special leave petition was filed against the Madras HC judgment, the SC on May 10 merely issued notice in the petition, without any order of stay or status quo.

In the application filed today, it is stated that the Chief Minister of Pudcherry has issued administrative orders on the basis of the HC judgment, contrary to the Rules of Business of Union Territories.  

"The officers are in a quandry as to whether to implement the directions of the Hon'ble High Court or otherwise. That the officers are being threatened of contempt action is leading to an administrative chaos, hence the urgency", the application states.

In the petition filed by Puducherry MLA K Lakshminarayanan, the High Court Division Bench had held "The Administrator is bound by the aid and advice of the Council of Ministers in matters where the Legislative Assembly is competent to enact laws as contemplated under Section 44 of the Government of Union Territories Act, 1962 though she is empowered to differ with the views of the Council based on some rationale which raises a fundamental issue regarding the action of the Government".

"The Administrator cannot interfere in the day to day affairs of the Government. The decision taken by the Council of Ministers and the Chief Minister is binding on the Secretaries and other officials.", added the High Court, holding that the Administrator has no exclusive authority to run the administration negating the Constitutional Principles and the Parliamentary Laws governing the issue.

The present application for status quo states that the High Court judgment has in effect equated Puducherry to a 'State' and the Lieutenant Governor to a Governor. The High Court did not take into consideration the greater discretionary powers enjoyed by the Lieutenant Governor in relation to a Union Territory, adds the application.

Since the SC has admitted the SLP, status quo ante ought to have been ordered to maintain balance of convenience, contends the application.


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