C.A. No.-011887-011887 / 2018. K. LAKSHIMINARAYANAN vs UNION OF INDIA. Supreme Court, 06-12-2018

Party Name:C.A. No.-011887-011887 / 2018. K. LAKSHIMINARAYANAN vs UNION OF INDIA. Supreme Court, 06-12-2018
Judgement Date:December 06, 2018
Court:Supreme Court
 
FREE EXCERPT
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.11887 Of 2018
(arising out of SLP (C) No. 8249 of 2018)
K. LAKSHMINARAYANAN ...APPELLANT(S)
VERSUS
UNION OF INDIA & ANR. ...RESPONDENT(S)
WITH
CIVIL APPEAL NO.11888 Of 2018
(arising out of SLP (C) No. 8224 of 2018)
S. DHANALAKSHMI ...APPELLANT(S)
VERSUS
UNION OF INDIA & ORS. ...RESPONDENT(S)
J U D G M E N T
ASHOK BHUSHAN,J.
Leave granted.
These two appeals have been filed against the common
Digitally signed by
ASHWANI KUMAR
Date: 2019.03.07
15:33:26 IST
Reason:
Signature Not Verified
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judgment of Madras High Court dated 22.03.2018 by which the
writ petitions filed by the appellants questioning the
nominations made by the Central Government in exercise of
power under Section 3(3) of the Government of Union
Territories Act, 1963 (hereinafter referred to as “Act,
1963”), to the Legislative Assembly of Union Territory of
Puducherry has been dismissed.
2. The background facts leading to filing of the writ
petitions giving rise to these appeals are as follows:-
2.1 Part VIII of the Constitution of India dealing with
the Union Territories was amended by Constitution
(Fourteenth Amendment) Act, 1962 by inserting
Article 239A, which provides for “creation of local
Legislatures or Council of Ministers or both for
certain Union Territories.” Article 239A provided
that Parliament, may by law, create for the Union
Territory of Pondicherry, a body, whether elected or
partly nominated and partly elected, to function as
a Legislature for the Union Territory, or a Council
of Ministers, or both with such constitution, powers
and functions, in each case, as may be specified in
the law. After the above Constitutional amendment
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inserting Article 239A, the Parliament enacted
Government of Union Territories Act, 1963 to provide
for Legislative Assembly and Council of Ministers
for certain Union Territories and for certain other
matters.
2.2 At the time of commencement of Act, 1963, there were
large number of Union Territories, which were to be
governed by the Act, 1963. Gradually, several Union
Territories were upgraded to the status of a State
and as on date, the definition of Union Territories
under Section 2(h) defines “Union Territory” as the
Union Territory of Puducherry. Section 3 of the
Act, 1963 provides for Legislative Assemblies for
Union territories and their composition. According
to Section 3(2), the total number of seats in the
Legislative Assembly of the Union territory to be
filled by persons chosen by direct election shall be
thirty and as per Section 3(3), the Central
Government may nominate not more than three persons,
not being persons in the service of Government, to
be members of the Legislative Assembly of the Union
territory.
2.3 Election for filling thirty seats in the Legislative

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