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The Madras High Court on Wednesday upheld the nomination of three BJP members to the Puducherry Assembly, saying there was no merit in the petition filed against their appointment.
The Madras High Court on Wednesday upheld the nomination of three BJP members to the Puducherry Assembly, saying there was no merit in the petition filed against their appointment. A bench of Justice Anita Sumanth and Justice Senthilkumar Ramamurthy upheld the May 2021 notifications of the Union Home Ministry and Puducherry Chief Secretary through which K. Venkatesan, VP Ramalingam and RB Ashok Babu were nominated to the assembly.
Dismissing the petition, the bench said, "On all fronts, we do not see any merit in this writ petition."
"Undue haste has been ascribed to the nomination, seeing as the Chief Minister had tested positive for COVID-19 and had been admitted in the hospital and the Legislative Assembly and Cabinet had not been sworn in/constituted at the time when the nominations were made. This is more a challenge to propriety rather than one of law. In law, we do not find any specification in the statute stipulating the timing of the nomination and the candidates, once nominated, would take their seats in the Legislative Assembly as and when the Assembly is sworn-in", the bench said.
The petition was filed by GA Jagannathan, former president of Karikalampakkam village, and sought quashing of the May 10 notification.
Contending that they do not have a "good background", the petitioner maintained that there was no urgency to have nominated members at a juncture when the MLAs had also not been sworn in.
In Puducherry, the AINRC-led NDA had secured a majority in the April 6 elections to the assembly; BJP is a part of this alliance. In the Union Territory of Puducherry, 30 MLAs are elected through elections and three MLAs are nominated by the Centre.
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