Thread by @barandbench

#MadrasHighCourt hears PIL against the Central Govt's nomination of three MLAs for #Puducherry.

Matter is before Justices Anita Sumanth and Senthilkumar Ramamoorthy. Solicitor General Tushar Mehta appears for Centre. ASG R Sankaranarayanan also present.

Petitioner counsel argues that there was a hurry by Central government to nominate the three MLAs before the assembly was yet to start.

#MadrasHighCourt

I am more concerned with the way in which power was exercise: Petitioner counsel argues.

#MadrasHighCourt #Puducherry

NR Congress had 10 MLAs. BJP had 6 MLAs. Your lordships know that nominated MLAs can also participate in the assembly.. these (nominated) persons cannot be held to be persons of eminence: Petitioner counsel

#MadrasHighCourt #Puducherry

Is there any legislative criteria with regard to such nomination: Justice Ramamoorthy

#MadrasHighCourt #Puducherry

Is an alleged lack of common sense a ground for interference under Article 226? You should show that there is some violation of the revision of the act: Justice Sumanth to petitioner counsel

#MadrasHighCourt #Puducherry

Solicitor General Tushar Mehta is now making submissions. He disputes submissions that nominated MLAs cannot have been nominated as they are not "persons of eminence."

#MadrasHighCourt #Puducherry

Solicitor General Mehta reads case laws, disputes the petitioner's contention that the 3 MLAs could not have been nominated as council ministers have not been sworn in yet.

#MadrasHighCourt #Puducherry

The Supreme Court has said, whatever is the limitation in section 3(3) of The Government Of Union Territories Act, 1963, that is the limitation, SG Mehta submits.

If this is not violated, there cannot be judicial review of the nomination, he argues.

#MadrasHighCourt #Puducherry

A person can be disqualified from being nominated as MLA only if he holds an office of profit associated with the Government of India or if he is disqualified under the RP Act, ASG and SG submit.

#MadrasHighCourt #Puducherry

Counsel for one of the nominated MLAs objects to "off the cuff remarks" made by petitioner alleging that the nominated MLAs have questionable antecedents.

Adds that these remarks may tarnish the reputation of MLAs since it would be widely publicized in media

#MadrasHighCourt

The counsel for the nominated MLA adds: This is a purely politically motivated petition seeking unwanted publicity.

Court asks if Advocate Gnanasekhar (for petitioner) and Government Pleader N Mala have anything to say.

#Puducherry #MadrasHighCourt

GP Mala says this case is already covered by Supreme Court's ruling in Lakshmi Narayan's case.

#Puducherry #MadrasHighCourt

#MadrasHighCourt reserves judgment in PIL challenging the Central government's nomination of three MLAs to the #Puducherry Legislative Assembly.

Order will be pronounced soon, Justice Anitha Sumanth says.

SG Mehta: It was a pleasure appearing before your Ladyship