IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 29.11.2017

DELIVERED ON : 22.03.2018

CORAM :

The Hon'ble Ms.INDIRA BANERJEE, CHIEF JUSTICE

AND

The Hon'ble Mr.JUSTICE M.SUNDAR

W.P. Nos.16275, 18788, 29591 to 29593 of 2017

and

W.M.P.Nos.17605, 18478, 18479 to 18481, 20316 and

31877 to 31887 of 2017

W.P.No.16275 of 2017 :

K.Lakshminarayanan

.. Petitioner

Vs.

1.The Union of India,

represented by the Secretary to Government,

Ministry of Home Affair,

Government of India,

New Delhi.

2.The Union of India,

represented by

the Government of Union Territory of Puducherry

through the Chief Secretary to Government,

Government of Puducherry,

Puducherry.

.. Respondents

W.P.No.18788 of 2017 :

S.Dhanalakshmi

.. Petitioner

Vs.

https://hcservices.ecourts.gov.in/hcservices/

1.The Union of India,

represented by Secretary to Government,

Ministry of Home Affairs,

Government of India,

New Delhi.

2.The Joint Secretary to Government of India,

Ministry of Home Affairs,

New Delhi.

3.Union Territory of Puducherry,

rep by Chief Secretary to Government,

Government of Puducherry,

Puducherry.

4.V.Saminathan

President,

Bharathiya Janatha Party-Puducherry Unit,

Shahti Nagar, Opp. Pasic Water Unit,

Karuvadikuppam Road,

Puducherry.

5.K.G.Shankar,

Treasurer,

Bharathiya Janatha Party-Puducherry Unit,

Opp. Balaji Theatre,

Puducherry.

6.S.Selvaganapathy,

Correspondent,

Vivekananda Matriculation School,

Lawspet, Puducherry.

.. Respondents

W.P.Nos.29591, 29592 and 29593 of 2017 :

V.Saminathan

.. Petitioner in

W.P.No.29591/2017

K.G.Shankar

.. Petitioner in

W.P.No.29592/2017

S.Selvaganabathy

.. Petitioner in

W.P.No.29593/2017

Vs.

https://hcservices.ecourts.gov.in/hcservices/

1.The Union Territory of Puducherry,

represented by the Chief Secretary to Government,

Secretariat,

Government of Puducherry

Puducherry.

2.The Secretary,

Legislative Assembly Secretariat,

Government of Puducherry,

Puducherry.

3.The Secretary to Lt. Governor

of Union Territory of Puducherry,

Rajnivas,

Puducherry.

4.The Union of India,

represented by

the Secretary to Government,

Ministry of Home Affairs,

Government of India,

New Delhi.

.. Respondents in

all writ three petitions

W.P.No.16275 of 2017 has been filed under Article 226 of the

Constitution of India praying for the issue of a writ of

mandamus forbearing the respondents from in any manner

nominating or filling up the nominated seats of Members for the

Puducherry Legislative Assembly except with the consultation and

choice of the elected Council of Ministers.

W.P.No.18788 of 2017 has been filed under Article 226 of the

Constitution of India praying for the issue of a writ of

Declaration pertaining to Section 3(3) of the Government of

Union Territories Act, 1963 and the impugned notification in

F.No.11012/1/2014-UTL dated 23.6.2017, which is published in

Gazette of Puducherry Extraordinary Part-I G.O.Ms.No.43,

Puducherry, dated 4.7.2017 issued by the respondents 1 and 2

herein in exercise of the powers conferred by the above

mentioned impugned statutory provision and declare the same as

unconstitutional and ultra vires Article 14 of Constitution of

India.

W.P.Nos.29591, 29592 and 29593 of 2017 have been filed under

Article 226 of the Constitution of India praying for the issue

of a writ of certiorarified mandamus to call for the records

relating to impugned order No.124/LAS/Ref./2017 dated 13.11.2017

issued by the second respondent and quash the same as

unconstitutional,

unsustainable,

unreasonable,

illegal,

unlawful, arbitrary, ultravires and violative of Section 3(3) of

the Government of Union Territories Act, 1963 and consequently

https://hcservices.ecourts.gov.in/hcservices/

direct the respondent Nos.1 and 2 to implement the Notification

F.No.U-11012/1/2014-UTL