HC reserves order on Puducherry Minister's plea over appointment of SEC

Mras High Court on Thursday reserved orders on a PIL filed by a Puducherry Minister challenging formulation of a selection process for appointment of State Election Commissioner to union territory by Lt Goverr Kiran Bedi.

A division bench of justices M Sathyanarayanan and R Hemalatha reserved orders on public interest litigation (PIL) filed by Local ministration Minister A Namassivayam after conclusion of arguments by counsel for petitioner and Bedi.

Earlier, Bedi defended formulation of selection process, saying Centre's order cant be questioned by as union territory is governed through an ministrator as per law. Her counsel said as per law enacted by Parliament, every Union Territory shall be ministered by President acting, to such extent as he thinks fit, through an ministrator to be appointed by him with such designation as he may specify.

Hence, order of central government to appoint SEC through a free and fair process cant be questioned by Council of Ministers, it was submitted. matter relates to appointment of retired IAS officer T M.Balakrishannan as SEC by Puducherry Council of Ministers on May 25, 2018 for conduct of local body polls.

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Lt Goverr did t approve appointment and in December last year quashed it as 'null and void ab initio' and formulated scheme for filling post and gave a newspaper vertisement calling for applications.

She h n said Centre h directed Puducherry government to fill post through a selection committee in "a transparent, competent and fair manner."

In his petition, Minister sought to declare LG's order as unconstitutional, arbitrary and ultra vires of Constitution.

Senior counsel Satish Parasaran, appearing for petitioner, aruged that local governnance, a state subject, is placed under Entry 5 of List II of Schedule VII of Constitution and business of Government of Puducherry relating to ministration of Local Bodies including elections is placed under Local ministration Department.

He furr contended that direction of LG in prescribing qualifications and constituting Selection Committee suffered from lack of jurisdiction and ran contrary to existing rules in force.

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