No MLC for Kodandaram and Amer Ali Khan

Hyderabad: In a setback to the ruling Congress government, the Telangana High Court on Thursday quashed the nomination of M Kodandaram and Amer Ali Khan as members of the Telangana State Legislative Council under the Governor's quota.

The high court also quashed the governor's orders dated September 19, 2023 rejecting the nomination of BRS leaders Sravan Dasoju and K Satyanarayana, whose nomination to the legislative council under Governor's quota were rejected by Telangana Governor Tamilisai Soundararajan during the previous BRS regime.

Challenging the orders issued by the Governor rejecting their nominations as MLCs, Sravan and Satyanarayana, filed writ petitions in the High Court earlier.

The Congress government in Telangana in January this year nominated Kodandaram and Amer Ali Khan as MLCs under the Governor quota.

Subsequently, the petitioners also challenged the recommendations made by the Council of Ministers in favour of Kodandaram and Amer Ali Khan (respondent Nos.4 and 5) as Members of the Legislative Council and gazette notifications dated January 27, 2024 (by which they were nominated as MLCs).

The high court on January 30 had directed that status quo be maintained.

A Division Bench comprising Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti in the judgment pronounced on the writ petitions on Thursday said "the impugned orders dated September 19, 2023 are quashed and the subsequent recommendation of Council of Ministers dated January 13, 2024 in favour respondent Nos.4 and 5, Orders of the Governor, and Gazette Notifications, dated January 27, 2024 are quashed".

The high court in its order said that while a public law declaration is issued that the governor is bound to act on the aid and advice of the Council of Ministers while exercising powers under Article 171(5) of the Constitution of India, it is open to the governor to examine the issues of eligibility or disqualification of a person recommended by the Council of Ministers, to the legislative council, the court said.

In addition, the governor has the power to remit the matter to the Council of Ministers either to furnish requisite documents/information or for reconsideration of the recommendation made by the Council of Ministers, it said.

"The Governor is not answerable to the court in view of Article 361 of the Constitution of India. No positive direction can be issued to the Governor. However, in the facts and circumstances of these cases, this court hopes and trusts that suitable action in accordance with the provisions of the Constitution shall be taken," the court order said.

The court disposed of the writ petitions.

When contacted, Sravan Dasoju said the high court order has to be honoured and appealed to the governor to appoint them as MLCs under the Governor's quota.

On this development, G Niranjan senior vice president Telangana Pradesh Congress committee said, "The government will now have to carry out the procedure again for appointment of MLCs."

"Earlier the Rajbhavan Advocate submitted to the High Court that the recommendation file sent by the previous government is not pending with the Governor and it was sent back to then Government. As the Government is changed and the previous government's recommendations become null and void. In view of the HC advise the present Government has to review its recommendations and the decision in favour of Sravan and Sathyanarayana doesn't arise," he added.