Ashok Bhushan, J. - (1.) Leave granted. These two appeals have been filed against the common judgment of Madras High Court dated 22.03.2018 by which the writ petitions filed by the appellants questioning the nominations made by the Central Government in exercise of power under Section 3(3) of the Government of Union Territories Act, 1963 (hereinafter referred to as "Act, 1963"), to the Legislative Assembly of Union Territory of Puducherry has been dismissed.
(2.) The background facts leading to filing of the writ petitions giving rise to these appeals are as follows:- 2.1 Part VIII of the Constitution of India dealing with the Union Territories was amended by Constitution (Fourteenth Amendment) Act, 1962 by inserting Article 239A, which provides for "creation of local Legislatures or Council of Ministers or both for certain Union Territories." Article 239A provided that Parliament, may by law, create for the Union Territory of Pondicherry, a body, whether elected or partly nominated and partly elected, to function as a Legislature for the Union Territory, or a Council of Ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law. After the above Constitutional amendment inserting Article 239A, the Parliament enacted Government of Union Territories Act, 1963 to provide for Legislative Assembly and Council of Ministers for certain Union Territories and for certain other matters. 2.2 At the time of commencement of Act, 1963, there were large number of Union Territories, which were to be governed by the Act, 1963. Gradually, several Union Territories were upgraded to the status of a State and as on date, the definition of Union Territories under Section 2(h) defines "Union Territory" as the Union Territory of Puducherry. Section 3 of the Act, 1963 provides for Legislative Assemblies for Union territories and their composition. According to Section 3(2), the total number of seats in the Legislative Assembly of the Union territory to be filled by persons chosen by direct election shall be thirty and as per Section 3(3), the Central Government may nominate not more than three persons, not being persons in the service of Government, to be members of the Legislative Assembly of the Union territory. 2.3 Election for filling thirty seats in the Legislative Assembly of Puducherry was held in the year 2016. Indian National Congress, who bagged fifteen out of thirty seats with support of DMK and one independent candidate has formed the Government in Puducherry. Writ Petition (C) No. 16275 of 2017 as K. Lakshminarayanan Vs. Union of India & Anr. was filed in the Madras High Court praying for a writ of mandamus forbearing the respondents from in any manner nominating or filing up the nominated seats of Members for the Puducherry Legislative Assembly except with the consultation and choice of the elected Council of Ministers. The writ petition was filed on 27.06.2017. The Government of India, Ministry of Home Affairs had issued a notification on 23.06.2017 nominating Shri V. Saminathan, Shri K.G. Shankar and Shri S. Selvaganabathy as members of the Legislative Assembly of the Union Territory of Puducherry. An application for amendment was filed in the writ petition praying for quashing the notification dated 23.06.2017. Another Writ Petition (C) No. 18788 of 2017 - S. Dhanalakshmi Vs. Union of India & Ors. Was filed in the Madras High Court praying for following reliefs:- "Writ of Certiorarified Mandamus calling for the records on the file of the third respondent relating to the impugned Notification bearing Ref. No. F.No.U-11012/1/2014-UTL dated 23-06-2017 and quash the same and consequently direct the respondents 1 to 3 to nominate the members to the Puducherry Legislative Assembly only with the consultation and choice of the elected Council of Ministers and pass such further or other orders and thus render justice". 2.4 On 13.11.2017, the Secretary of Puducherry Legislative Assembly communicated the decision of the Speaker of the Legislative Assembly that the nominated members could not be recognised as members of the Assembly, having been appointed in contravention of the Constitution and the Act, 1963. The communication dated 13.11.2017 was challenged by three nominated members by filing three separate writ petitions being Writ Petition Nos. 29591, 29592 and 29593 of 2017. All the writ petitions, i.e. Writ Petition No. 16275 of 2017, Writ Petition No. 18788 of 2017 and Writ Petitions No. 29591, 29592 and 29593 of 2017 were heard and decided by Division Bench of Madras High Court vide its judgment dated 22.03.2018. The Writ Petition Nos. 16275 of 2017 and 18788 of 2017 challenging the notification dated 23.06.2017 has been dismissed, whereas the Writ Petition Nos. 29591, 29592 and 29593 have been allowed. Two separate but concurring judgments have been delivered by Division Bench of Madras High Court. Operative portion of the judgment delivered by Justice M. Sundar, with which judgment, Chief Justice expressed absolute agreement, was to the following effect:- "W.P. No. 16275 of 2017 filed by the Whip and W.P. No. 18788 of 2017 filed by PIL petitioner are dismissed. Writ petitions, being W.P. Nos. 29591 to 29593 of 2017 filed by nominated MLAs are allowed. Considering the nature of the matter and in the light of the trajectory this litigation has taken, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed." 2.5 Against the aforesaid Division Bench judgment of Madras High Court dated 22.03.2018, only two appeals have been filed, one by K. Lakshminarayanan and other by S. Dhanalakshmi challenging the judgment of Division Bench by which Writ Petition No. 16275 of 2017 has been dismissed and another appeal has been filed against the judgment of Division Bench in Writ Petition No. 18788 of 2017 by which writ petition was dismissed. In so far as judgment of Division Bench in Writ Petitions Nos. 29591, 29592 and 29593 of 2017 filed by three nominated MLAs, by which their writ petitions were allowed quashing the decision of the Speaker dated 23.11.2017, no appeals have been filed.
(3.) We have heard Shri Kapil Sibal and Shri Salman Khurshid, learned senior counsel appearing for the appellants. We have heard Shri K.K. Venugopal, learned Attorney General for the Union of India. Shri Ranjit Kumar, learned senior counsel has been heard for the respondents.;