High Court commences hearing against Bedi’s undue interference in Union Territory Govt

K Lakshminarayanan, Parliamentary Secretary to the Chief Minister of Puducherry had moved the plea challenging the impugned communications issued by the Under Secretary and Director, Ministry of Home Affairs, which vests powers on the Lt Governor in violation of the Rules of Business of the Government of Puducherry, 1963.

Justice R Mahadevan before whom the plea came up posted the case for further hearing to Thursday.

Former Union Finance Minister and Senior Counsel P Chidambaram appearing for the petitioner relied largely on the judgement of a five-judge Constitution bench of the Supreme Court, with regards to the plea against the Delhi Lt Governor, which ruled that the decisions of the elected Government of Delhi do not require the concurrence of the Lt Governor who only needs to be informed.

Even though the Lt Governor acts on the advice of the council of ministers, there is a small area wherein the Lt Governor can digress with the Government’s recommendations. In that event, the Lt Governor can refer it to the president.

Also, noting that anything in terms of digression cannot come to mean everything, Chidambaram said matters of utmost urgency or rarest of rare cases where there are differences can be referred to the President. But in Puducherry, the Lt Governor interferes in matter ranging from Municipal issues to appointments resisting every step of the Government, he said.

Lakshminarayan in his plea had contended that even though the Union Territory of Puducherry, must be governed as per law within the four corners of the Constitutional Provisions, the existing incumbent Kiran Bedi, believes in her individual wish and will over the collective responsibility and wisdom of the Council of Ministers.

In the name of review meeting with the officials directly bypassing the elected government, she calls for every file even before they are officially circulated to her in accordance with the rules and hierarchy. 

Further, she issues on the spot orders, thereby running a parallel and diametrically opposite government within government, he added.