The Supreme Court today refused to stay the Madras High Court order upholding the Centre's decision to nominate three BJP members as MLAs to Puducherry Assembly. The apex court asked the speaker of Puducherry Assembly to allow the nominated members to function as MLAs till the adjudication of petition. A bench of justices A K Sikri and Ashok Bhushan issued notice to the Centre and the Puducherry government and asked them to file counter affidavit on the plea.
The order came on pleas filed by Congress leaders, who had challenged the Madras High Court order and the Centre's decision to "unilaterally appoint" BJP members as MLAs. The high court on March 22 upheld the nomination of three BJP members to the assembly by the Centre and their swearing-in by Lt Governor Kiran Bedi, over which the Congress government had protested. The high court had ruled that an administrator of a Union Territory has powers to act irrespective of the advice of the council of ministers.
It also held as invalid the speaker's order cancelling the nominations of the MLAs V Saminathan, K G Shankar and S Selvaganapathy sworn-in as MLAs by Bedi on July 4 last year. The nominated BJP members later alleged that they were prevented by policemen, posted inside and outside the assembly premises, from entering the house even after the high court order.