The Madras High Court on Wednesday declined to grant any interim relief to Puducherry Lt Governor Kiran Bedi on her petition to stay the order of a single judge, restraining her from interfering in the day to day administration of the territorial government.
The court said the elected government functioning through a council of ministers could not be defeated by the acts of an administrator, who also functions under the provisions of the Constitution.
Bedi moved the Court through her private secretary against the April 30, 2019 order of the single judge, Mahadevan, setting aside two communications of January 27, 2017 and June 16, 2017 of the Home Ministry, elevating the powers of the administrator.
The Lt Governor contended that the single judge, while adjudicating the matter, had gone beyond the scope of the petition, seeking impugned clarifications with reference to the provisions of the act and rules governing the Union Territory of Puducherry.
The Home Ministry has already moved an appeal against the order of single judge.
When the matter came up before the division bench, comprising Justices Vineet Kothari and C V Karthikeyan, on Wednesday, it refused to grant any interim relief.
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The bench posted the matter for hearing on September 4 by issuing notices to the original petitioner, Puducherry legislator K Lakshminarayanan, returnable by September 4.
Lakshminarayanan of the Congress had challenged the two communications, elevating the powers of the Lt Governor.
He cited instances of 'interference' in the governments day-to-day affairs by the Lt Governor, forcing government officials to be in WhatsApp groups, interfering in financial matters, holding review meeting with officials, thereby bypassing the elected government.
Allowing the plea, the single judge had observed that the elected government functioning through a council of ministers could not be defeated by the acts of an administrator, who also functions under the provisions of the Constitution.
The judge had held that the powers of the Lt Governor to act as an administrator are restricted and applicable only under certain circumstances.
Challenging the order, the home ministry in its appeal said the single judge had erred in holding that the writ petitioner had locus standi to move such a plea.
"The proceedings in the writ petition are in the nature of clarification to the communication given by the Union home ministry to the government of Puducherry," it said.
"When the government has not questioned the communication as illegal, it is not open to a private individual to question the internal communication," it added.
Bedi, in her appeal contended that while the scope of the petition was only to decide the validity of the communications issued by the home ministry, the single judge had proceeded to decide on the supremacy of the Lt Governor and the state cabinet over the administration of the territory.