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Telangana HC quashes appointment of Kodandaram and Amer Ali Khan as MLCs under Governor’s quota

The court delivered the judgement on a petition filed by Dasoju Sravan and Kurra Satyanarayana, challenging the rejection of their names as MLCs.

ByRaj Rayasam

Published Mar 07, 2024 | 1:25 PM ⚊UpdatedMar 07, 2024 | 3:14 PM

M Kodandaram and Amer Ali Khan. (Supplied)

In a setback to the Congress government in the state, the Telangana High Court on Thursday, 7 March, quashed the gazette notification, appointing Telangana Jana Samiti president Prof M Kodandaram and Siasat News editor Amer Ali Khan as MLCs under the Governor’s quota.

The court also suggested to the Governor to reconsider her decision of rejecting the names of Dasoju Sravan and Kurra Satyanarayana recommended by the previous BRS government for appointment as MLCs under the Governor’s quota.

The court felt that the Governor should have returned the file which sought their appointment as MLCs under the Governor’s quota back to the government instead of rejecting it outright.

#Telangana High Court Verdict on Governor quota for MLC’s:
The Telangana High Court on Thursday quashed the order of Telangana Governor rejecting nomination of Dasoju Sravan Kumar, Kurra Satyanarayana as MLCs under Governor’s quota.

It has said that Governor should reconsider…

— South First (@TheSouthfirst) March 7, 2024

Court’s judgement on petition filed

The court delivered the judgement on a petition filed by Dasoju Sravan and Kurra Satyanarayana challenging the rejection of their names as MLCs by the Governor on 19 September.

They also raised the objection that they were not qualified on the grounds that they had political background.

They argued that the Cabinet had the power to recommend names for appointment as MLCs under the Governor’s quota. They said that the government had recommended their names under Article 171 of the Constitution.

The Divion Bench of the Telangana High Court, comprising Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti, in conclusion, said that the 19 September orders of the Governor rejecting the appointment of Dasoju Sravan and Kurra Satayanarayana stood quashed.

The subsequent recommendation of the Council of Ministers (Cabinet) on 13 January, 2024 in favour of Prof Kodandaram and Amer Ali Khan, and the Gazette Notification issued on 27 January appointing them as MLCs under the Governor’s quota, also stood quashed.

The court said a public law declaration is issued that the Governor is bound to act on the aid and advice of the Council of the Ministers, while exercising powers under Article 171 (5) of the Constitution. However, it is 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 re-consideration of the recommendation made by the Council of Ministers.

The Governor, the Division Bench held, 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 of India should be taken.

Also Read: Kodandaram, Amer Ali Khan appointed Telangana MLCs under Governor’s quota

Kodandaram, Khan nomination

After the change of guard in the state, the incumbent Congress government sent the names of Prof Kodandaram and Amer Ali Khan for appointment under the Governor’s quota which the Governor had accepted.

Revanth Reddy had announced in the past that he would honour Kodandaram, who played a crucial role in the Telangana movement, by appointing him to an important position.

He was the chairman of the Telangana Joint Action Committee (T-JAC). He supported the Congress in the 2023 Assembly elections.

The Election Commission put its stamp of approval upon which the state government issued a gazette notification appointing them as MLCs.

The two BRS leaders challenging the new appointments filed their second petition, with a prayer to the court to keep the appointment of the two leaders in abeyance until their first petition is disposed of. The court accordingly on 30 January stayed their swearing-in of the two MLCs.