Quo Warranto plea against BRS MLC Venkatarama Reddy: HC slams lack of relevant proof

Hyderabad: The Telangana High Court expressed dissatisfaction over a plea seeking a direction to issue a writ of Quo Warranto declaring BRS MLC P Venkatarama Reddy as ineligible for office, on the ground that his voluntary retirement was not accepted by the DoPT, New Delhi.

A writ of Quo Warranto is a court order that asks a person holding a public office to demonstrate their legal authority to do so.

Expressing serious dissatisfaction over not providing relevant papers for the writ petition, the Division Bench, comprising Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin, on Friday reprimanded the counsel for the petitioner, Ramesh Chilla.

The court said that the counsel had ‘wasted precious time’ of the court and adjourned the writ petition by three weeks, directing the petitioner’s counsel to file all material documents for further adjudication.

What documents could the counsel not provide?

During the hearing of the petition, the CJ could not find the resignation letter submitted by P Venkatarama Reddy, former IAS to the Department of Personnel and Training and other relevant material.

On the other hand, Avinash Desai, Standing Counsel for the Election Commission of India informed the Division Bench that, though the Election Commission of India has limited role on the issue of acceptance of resignation of P Venkatarama Reddy IAS (Retd) by the DoPT, but yet informed that he had submitted his resignation letter to the then State Government (BRS government) duly seeking waiver of the 3-month notice period, based upon which the State Government had accepted his resignation and issued a GO and forwarded the same to the Department of Personnel and Training, New Delhi for further action.

Rule 16(2) of the AIS service rule specifically says that the State Government can accept the resignation.

The petitioner has not challenged the GO issued by the State Government, accepting his resignation, duly waiving off the 3-month notice period, contended the standing counsel for the ECI.

‘DoPT has not accepted the resignation’

Ramesh Chilla, counsel for the petitioner, informed the Division Bench that the DoPT has not accepted the resignation of P Venkatarama Reddy IAS and this information was sent to him by the DoPT when he sought this information under the RTI.

Further, the counsel contended that Venkatrama Reddy is not eligible to hold the post of MLC as his resignation was not accepted by the DoPT and sought a direction to issue a ‘Writ of Quo Warranto’ declaring him as ineligible to hold the post of MLC. Further, the petitioner sought some time to file all the relevant papers for further adjudication of the Writ Petition.

The Division Bench was adjudicating the writ petition filed by J Shankar (Dharmapuri), a resident of Karimnagar and R Subender Singh, a social activist from Medchal Malkajgiri, seeking a direction to issue a ‘Quo Warranto’ declaring BRS MLC P Venkatarama Reddy ‘ineligible’ to hold the office of the Member of the Legislative Council on the ground that his voluntary retirement was not accepted by the DoPT, New Delhi.

The hearing has been adjourned for three weeks.