G.F.COUTO, G.D.KAMAT
Manohar S. Prabhu & Uday Bhembre – Appellant
Versus
Union of India & others – Respondent
G.F. COUTO, J.:---The constitutional validity of section 4 of the Constitution (Fourteenth Amendment) Act, 1962, as well as of sub-section (3) of section 3 of the Government of Union Territories Act, 1963, and of the Notification No. 110123/85-UTL issued by the Government of India, Ministry of Home Affairs, on 16th January, 1985 is being assailed in these two writ petitions filed under Articles 226 of the Constitution of India. The grounds of challenge in both the writ petitions are the same, as same are the reliefs sought. Hence this common judgment.
2. Section 3 of the Government of Union Territories Act, 1963, hereinafter referred to as ""the Act"", provides that there shall be a Legislative Assembly for each Union territory and that the total number of seats in the Legislative Assembly of a Union territory to be filled by persons chosen by direct election shall be forty in the case of the Union territory of Himachal Pradesh and thirty in the case of any other Union territory. Its sub-section (3) postulates that the Central Government may nominate not more then three persons, not being persons in the service of Government, to be members of the Legislative Assembly of a
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