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Regular-article-logo Friday, 26 April 2024

Puducherry cabinet decisions hit SC wall

The court refused to pass any order for maintaining status quo

Our Legal Correspondent New Delhi Published 05.06.19, 01:20 AM
V. Narayanasamy

V. Narayanasamy A file picture

The Supreme Court on Tuesday restrained the Congress government in Puducherry, which is at loggerheads with lieutenant governor Kiran Bedi, from “implementing” any cabinet decision that has financial or other major implications till June 21.

The court, however, refused to pass any order for maintaining status quo as on April 30 prior to the Madras High Court judgment that had ruled that the LG was bound by the aid and advice of the council of ministers headed by chief minister V. Narayanasamy.

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“Till the next date of hearing of the present application, it is directed that any decision in the cabinet meeting to be convened on (June 7) having financial implication/implications or with respect to any transfer of the lands shall not be implemented,” a vacation bench of Justices Indu Malhotra and M.R. Shah said.

The apex court also issued formal notice to the chief minister for his impleadment as a respondent on the two leave petitions filed by the Centre and the LG, as also the interlocutory application filed by Bedi alleging that there was “administrative chaos” in Puducherry in the wake of the high court judgment.

Bedi had complained that the chief minister had threatened to initiate contempt action against officers if they did not follow the high court verdict, which had given primacy to the elected government over the LG.

The apex court recorded an undertaking from the Puducherry government pledging that contempt proceedings would not be initiated till the matter is heard.

Kiran Bedi

Kiran Bedi A file picture

While Bedi was represented by additional solicitor-general Aman Lekhi, the Centre was represented by Atmaram Nadkarni. Senior advocate P. Chidambaram appeared for the Puducherry government while Kapil Sibal represented Congress legislator K. Lakshminarayanan, on whose petition the high court had passed the April 10 judgment.

Chidambaram and Sibal had strongly opposed the plea for status quo as sought by the Centre and Bedi.

Lekhi told the court that an unprecedented situation had arisen as the administration had come to a standstill and officers were fearful of being prosecuted for contempt.

“It’s not a matter between two trivial entities,” Lekhi said, seeking a status quo order.

Sibal objected on the ground that neither the LG nor the Centre had placed any material to show what was listed in the cabinet agenda on June 7.

Justice Shah pointed out that while the court cannot pass a status quo order at this juncture, there is no urgency for the government to implement decisions that may have financial implications like grant-in-aid or regularisation of employees. These issues can wait till the court deals with the larger dispute over the powers of the LG vis-à-vis an elected government in the Union territory of Puducherry, the Supreme Court said.

The bench then directed the Centre and the Puducherry government to submit additional affidavits within three days on the agenda listed before the proposed cabinet meeting on June 7. The court posted the matter for further hearing to June 21.

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