PUDUCHERRY: With Chief Minister N Rangasamy struggling to maintain the majority enjoyed by his AINRC government, the appointment of nominated MLAs and their voting rights has once again become grounds for debate in the Union Territory.As per the Constitution, the Central government may nominate three persons, not in government service, to the Legislative Assembly. Though it has been the practice for the Chief Minister to recommend the appointment of nominated MLAs, it is not mandatory that the nominations be approved by the Chief Minister. The Central government has the discretionary powers. In 1999-2000, when the Congress was in power in the Union Territory and the BJP at the Centre, a list of three names for appointment as nominated Members of the Legislative Assembly was forwarded to Ministry of Home Affairs by then Lieutenant Governor Rajani Rai for appointment, without the recommendation of then Chief Minister P Shanmugham. Former Education minister Renuka Appadurai, educationist Selvaganapathy were among the three names chosen by the Lieutenant Governor. However, the Congress exerted its influence with the Home Ministry to stop it but the orders for appointment came through. Former Home minister E Valsaraj moved the court challenging the appointments and the orders were stayed. Subsequently no adjudication came from the court as the term of the Legislative Assembly got over and elections were held in 2001. There had been dispute on the voting rights of nominated MLAs in Assembly even earlier. In 1990, when G Palaniraja of DMK was appointed Speaker of the territorial Assembly by the DMK-JD government led by D Ramachandran, Congress MLA C M Achraff challenged the appointment in the Supreme Court. However, no decision was taken by the court as the government fell within a year and the Assembly was dissolved . This confusion stems from the fact that the Union Territories Act, 1963 gives no clarity on the voting powers of nominated MLAs. The Constitution says the Union Territory legislature could be partly nominated, partly elected or fully elected. However nominated MLAs have no voting rights in the Presidential elections as they are not included in the electoral college. With no clarity, the ruling party uses nominated MLAs to strengthen their side. The local unit of the AIADMK has urged the Ministry of Home Affairs to reject Chief Minister N Rangasamy’s recommendation for appointment of nominated MLAs to the territorial Assembly if the Lieutenant Governor forwards the list for approval.Briefing newsmen on Friday, Puducherry AIADMK unit secretary A Anbazhagan had claimed that the Chief Minister had submitted his recommendations to the Lieutenant Governor. It was a move by the Chief Minister to “augment” the strength of the AINRC government” , which has now become suspect, he said, adding that nominated MLAs should not be appointed before the election of a Speaker.
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