Revision as of 20:45, 17 November 2020

Lieutenant governors

LG, not speaker, administering oath of office to MLAs

Bosco Dominique | Bedi stuns Puducherry govt, swears in NDA picks |Jul 05 2017 : The Times of India (Delhi)

1990:The first time that a lieutenant governor administered the oath of office and secrecy to MLAs, instead of the speaker: In 1990, the then incumbent, Chandravathi, administered the oath of office and secrecy to three nominated MLAs from DMK when the DMK-JD coalition was in office.

2017: Three people nominated to the legislative assembly of Puducherry by the NDA-led central government were sworn in by lieutenant governor Kiran Bedi at Raj Nivas around 8pm on Tuesday Jul 04 2017. The sudden move took Congress, which leads the union territory's administration, by surprise as the government was planning to move court against the nominations, sources said.

The three MLAs are BJP's Puducherry chief V Saminathan, treasurer K G Shankar and pro-BJP educationist S Selvaganapathy. The three had earlier called on Bedi, chief secretary Manoj Parida and assembly speaker V Vaithilingam. When they sought to give Vaithilingam copies of the Centre's order nominating them as members, he directed them to submit the documents to the assembly secretary , indicating that they “will receive a communication“ on the matter.

In the meantime, Parida issued a gazette notification republishing the Centre's order.

Speaker returns nomination file to Lt Governor

Speaker's jolt to LG Bedi's nominations|Jul 11 2017 : The Times of India (Delhi)|

Puducherry Assembly Speaker V Vaithilingam on Monday returned the file to Lt Governor Kiran Bedi who nominated three BJP functionaries as members of the House, terming it as `improper' and `not acceptable'. Bedi had sworn in on July 4 BJP's Puducherry unit president V Saminathan, its treasurer K G Shankar and another functionary S Selvaganapathy as nominated members. “The induction of the three members was not acceptable as the swearing in was not done in accordance with the procedure,“ a source close to the Speaker quoted him as having said.

2018/ Home ministry urges re-delegation of LG’s financial powers to state functionaries

Centre clips Pondy governor Bedi’s wings, September 30, 2018: The Times of India

In a boost to the Congress government in the Union territory of Puducherry, the home ministry has directed chief secretary Ashwani Kumar to consider re-delegation of lieutenant governor Kiran Bedi’s financial powers to the secretaries, heads of the departments and offices and council of ministers proportionately.

Under-secretary (home) Sanjay Kumar in a communication addressed to the chief secretary acknowledged that the “financial power of the LG has been enhanced substantially”, adding that re-delegation “may be in the overall interest of good governance, and will help in smooth functioning of government.” CM V Narayanasamy had earlier urged home minister Rajnath Singh to enhance delegated financial powers of administrative secretaries, finance department and council of ministers for various purposes.

2019/ : HC: L-G can’t interfere in govt’s day-to-day affairs

Srikkanth D, May 1, 2019: The Times of India HC: L-G Bedi can’t interfere in govt’s day-to-day affairs

Madurai:

Puducherry lieutenant-governor Kiran Bedi cannot run a parallel government, interfering with the day-to-day affairs of the government under the guise of “supremacy” or “public interest” when there is an elected government, ruled Madras high court.

Justice R Mahadevan added that an elected government functioning through a council of ministers could not be defeated by the acts of an administrator who was also functioning under the provisions of the Constitution.

The judge was passing orders on a petition filed by Congress MLA K Lakshminarayanan, challenging the Union home ministry’s communications that vested powers to the administrator. Holding that the Centre attempted to undermine the power of the legislative assembly and elevate the power of the administrator, though such powers were not available under relevant laws, said, “The need of the hour is participative governance rather than suppresive governance.”

Justice Mahadevan ruled that the power of the L-G to act as an administrator was restricted and applicable only in certain circumstances.

On the petitioner’s contention that Bedi had been using social media to run a parallel government, Justice Mahadevan said, “Government officials can’t use their personal media to address public grievances. A public redressal forum in the form of official emails, telephone numbers are to be circulated and used, if already not put into use.”

When the Centre questioned the very locus standi of the petitioner, the judge rejected the objection saying he was a legislator, and hence he was directly aggrieved by the circular from the Union ministry of home affairs.

In his petition, Lakshminarayanan listed the instances of interference by Bedi in the government’s day-to-day affairs, forcing government officials to be in Whatsapp groups rather than official channels of communication, interfering in financial matters, and holding review meeting with officials, thereby by-passing the elected government.

The L-G submitted that the sole intention was to serve the people of Puducherry and she had been discharging the duties entrusted to the office under the statute.