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'Approach HC Division Bench', Says SC Dismissing Challenge Against Madras HC Judgment On LG Powers In Puducherry

Mehal Jain
13 July 2019 7:42 AM GMT
Approach HC Division Bench, Says SC Dismissing Challenge Against Madras HC Judgment On LG Powers In Puducherry
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The Supreme Court on Friday dismissed the appeals preferred by the Union of India and Puducherry Lieutenant Governor Kiran Bedi against the April 30 Madras High Court order ruling that she could not interfere in the day to day administration of the elected government. 

The bench headed by Chief Justice Ranjan Gogoi disposed of the appeals, granting Bedi liberty to approach the division bench of the High Court with regard to the order curtailing her powers.

Earlier, on June 4, the vacation bench headed by Justice Indu Malhotra had issued notice on Bedi's plea which sought status quo prior to the impugned order.

The bench has also directed that any decision having financial implication, which could be taken in the cabinet meeting of June 7 in Puducherry, shall not be implemented till June 21.

Besides issuing notice thereon, the vacation bench had also impleaded the CM of the UT in the matter.

In the petition filed by Puducherry MLA K. Lakshminarayanan, the High Court 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 petition was filed in the wake of the July 4 Supreme Court Constitution Bench judgment which had upheld the primacy of the elected government of NCT of Delhi over the Lieutenant-General in matters of administration.

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