Puducherry LG interference: Madras HC refuses to stay Single Judge Verdict, posts matter for September 4

The Madras High Court refused to stay the single judge order passed against Lieutenant Governor of Puducherry Kiran Bedi, in which the Court had held that the elected government in the Union Territory of Puducherry assumes supremacy over the Lieutenant Governor..When appeal filed against the verdict came up before the Bench of Justices Vineet Kothari and CV Karthikeyan, the Court expressed inclination to adjourn the matter to read the case file further, observing that the matter involves a detailed judgment and the Constitutional scheme..“It’s a tug of war between the two [Central Government and the Puducherry Government]. We know it”, Justice Kothari remarked in passing..He eventually made it clear that detailed arguments would not be taken up today..“We are only deciding how to adjourn”, he informed..The Bench proceeded to adjourn the case after issuing notice. As it adjourned the matter, Additional Solicitor General Aman Lekhi made a request that the Court at least clarify that the Government has to abide by the Rules of Business of Government of Pondicherry, 1963 in the meanwhile..During brief arguments today, Lekhi argued that the Single Judge had passed his judgment oblivious of the Rules of Business of Government of Pondicherry and relevant Constitutional provisions. Lekhi further highlighted that the petitioner who filed the case was not a Minister, but rather the Parliamentary secretary..In the appeal moved by the Central Government, the locus of the petitioner, i.e. K Lakshminarayanan has also been challenged. Lakshminarayanan is a Congress member of the Puducherry Legislative Assembly and Parliamentary Secretary to incumbent Chief Minister, V Narayanaswamy..The Court, however, declined to add additional directions in its order, aside from adjourning the case..“We are not saying any further than this”, the Bench remarked..Senior Advocate G Masilamani appeared for the respondent, Lakshminarayanan..In April this year, a plea filed in the Madras High Court against the Lieutenant Governor Kiran Bedi for acting to run a “parallel government” in Puducherry had culminated in Justice R Mahadevan ruling that the administrator of Puducherry (i.e. Bedi) “cannot interfere in the day-to-day affairs of the Government under the guise of supremacy or public interest, stating technical reasons.“.The Court, therefore, quashed two communications made by the Union Ministry of Home Affairs in January and June 2017, which the Court found had effectively undermined the power of the Legislative Assembly and elevated the power of the Administrator, though not exactly available under the applicable laws..The Central Government has now challenged this verdict before the Division Bench of the High Court. The Centre had earlier moved the Supreme Court challenging the Single Judge verdict. However, on July 12, the Supreme Court declined to interfere in the matter, while granting the Government liberty to move the Madras High Court itself on appeal..Bar & Bench is available on WhatsApp. For real-time updates on stories, Click here to subscribe to our WhatsApp.