On Thursday, 7 March, the High Court of Telangana quashed a gazette notification appointing Kodandaram and Khan as members under the Governor's quota.
M Kodandaram and Amer Ali Khan. (Supplied)
The Congress-led Telangana government is likely to send a fresh recommendation to Governor Tamilisai Soundarajan within a week, requesting her to appoint Telangana Jana Samiti president Prof M Kodandaram and Siasat News editor Amer Ali Khan to the state Legislative Council under the Governor’s quota.
On Thursday, 7 March, the High Court of Telangana quashed a gazette notification appointing Kondandaram and Khan as members under the Governor’s quota.
The Governor is expected to send to the current dispensation the file sent to her by the previous BRS government, recommending Prof Dasoju Sravan and Kurra Satyanarayan as MLCs. She had rejected the recommendation on 19 September 2023.
A Division Bench of the state Chief Justice Alok Aradhe, while disposing of petitions by Sravan and Satyanarayana on Thursday, opined that the Governor should not have rejected the previous government’s recommendations. She should have returned the file to the government for reconsideration.
The court held that the Governor cannot outright reject the recommendation of the Council of Ministers (Cabinet) but could send it back for reconsideration. When the state Cabinet, after reconsideration, makes any recommendation, the Governor should oblige and give her assent.
Governor Tamilisai Soundararajan. (Facebook)
The present Cabinet, after receiving the file from the Governor for reconsideration, is understood to have decided to ignore the previous government’s recommendation and forward a fresh suggestion requesting the appointment of Kodandaram and Khan to the council.
Sravan and Satyanarayana moved the high court challenging the rejection of the previous Cabinet’s recommendation. They said that the BRS Cabinet had recommended their names under Article 171 of the Constitution.
The high court said a public law declaration had been issued, saying the Governor was bound to act on the aid and advice of the Council of Ministers while exercising powers under Article 171 (5) of the Constitution. However, it was open for the Governor to examine the issue of eligibility or disqualification of a person recommended by the Council of Ministers to the Legislative Council.
In addition, the Governor has the power to remit the matter to the Council of Ministers, either to furnish requisite documents or information or for reconsideration of the recommendation made by the Cabinet.
The Governor, the court held, was not answerable to the court under Article 361 of the Constitution. No positive direction could be issued to the Governor. However, considering the facts and circumstances of these cases, the division bench said it “hopes and trusts that suitable action in accordance with the provisions of the Constitution of India” would be taken.
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