K. LAKSHMINARAYANAN vs UNION OF INDIA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(SC) 1226

A.K.SIKRI, ASHOK BHUSHAN, S.ABDUL NAZEER
K. LAKSHMINARAYANAN – Appellant
Versus
UNION OF INDIA – Respondent

Advocates Appeared:
Mr. Kapil Sibal, Sr. Adv., Ms. Anusha N., Adv., Mrs. Pragya Baghel, AOR, Mr. Koshy John, Adv., Mr. Raghav Tankha, Adv., Mr. M.N. Pasha, Adv. Ms. Ranjeeta Rohatgi, Adv., Mr. K.K. Venugopal, AG, Mr. P.S. Narsimha, ASG, Mr. R. Balasubramanian, Adv., Mr. Akshay Amritanshu, Adv., Ms. Aarti Sharma, Adv. Mr. Rohit Bhat, Adv., Ms. Charanya L., Adv., Mr. B. V. Balaram Das, AOR, Mr. Salman Khurshid, Sr. Adv., Mr. Imtiaz Ahmed, Adv., Ms. Naghma Imtiaz, Adv. Mr. Antony R. Julian, Adv., Ms. Lubna Naaz, Adv., Mr. Vikramaditya Singh, Adv., For M/s. Equity Lex Associates., Mr. S. Pajamradja, Adv., Mr. Thomas Franklin Caesar, Adv., Ms. M. Venmani, Adv., Mr. S. Gowthaman, AOR

JUDGMENT

Ashok Bhushan, J.

Leave granted.

1. These two appeals have been filed against the common 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 Minister

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2018 Supreme(SC) 1226

A.K.SIKRI, ASHOK BHUSHAN, S.ABDUL NAZEERK. LAKSHMINARAYANAN – AppellantVersusUNION OF INDIA – Respondent

Cases Referred (14)

A.K.SIKRI, ASHOK BHUSHAN, S.ABDUL NAZEER
K. LAKSHMINARAYANAN – Appellant
Versus
UNION OF INDIA – Respondent