Telangana High Court stays swearing-in of 2 MLCs appointed under Governor’s quota

Prof M Kodandaram and Amer Ali Khan were to be administered the oath on 31 January by Legislative Council Chairman G Sukhender Reddy.

ByRaj Rayasam

Published Jan 30, 2024 | 6:30 PMUpdatedJan 30, 2024 | 6:30 PM

Telangana Governor's quota MLC

The controversy over the recent appointment of MLCs under the Governor’s quota in Telangana refuses to die down.

The Telangana High Court, on Tuesday, 30 January, stayed the swearing-in of the two newly-appointed MLCs while adjourning the case to 8 February.

They were scheduled to be administered the oath on Wednesday by Legislative Council Chairman G Sukhender Reddy.

Also Read: Telangana Governor pauses MLC recommendations

The order

The high court issued the orders after BRS members Dasoju Sravan and K Satyanarayana’s counsels brought to its notice that Telangana Jana Samiti president M Kodandaram and joint editor of the Urdu Newspaper Siasat Amer Ali Khan, who were appointed MLCs under the Governor’s quota, were being sworn in on Wednesday even as their petition was still being heard.

Sravan and Satyanarayana had moved the high court after the Telangana Governor, on 25 September last year, rejected the erstwhile BRS government’s recommendations for appointment as MLCs under the Governor’s quota, objecting that they were not qualified since they had political backgrounds.

Taking objection to the Governor’s decision, Sravan and Satyanarayana moved the high court, claiming that the Governor could not reject the recommendation of the state Cabinet.

They said that the government had recommended their names under Article 171 of the Constitution.

The court said that it would decide the maintainability of their petition. The case is now before the high court.

Related: Kavitha slams Governor for rejecting Cabinet’s MLC recommendation

The backdrop

After the Legislative Council Chairman gave time to Prof Kodandaram and Amer Ali Khana, along with B Mahesh Kumar Goud and Balmoori Venkat, who were elected to the Upper House under MLAs’ quota, Dasoju Sravan and K Satyanarayana’s counsels brought the development to the notice of the court and sought a stay on the swearing-in of Prof Kodandaram and Amer Ali Khan.

Kodandaram and Khan were to have been administered oath on Monday but it did not take place as the Chairman was not available. They went to the Council without ascertaining the availability of the Chairman.

Later, the Chairman clarified that he had not been well since 25 January and hence, was absent from the Council. He said that he would administer the oath to them and also the two MLCs elected under MLAs’ quota on Wednesday.

The Governor cleared the names of Prof Kodandaram and Amer Ali Khan days after she decided to wait till the disposal of the cases filed in the high court against her rejection of the nomination of Dasoju Sravan and Satyanarayana under the Governor’s quota by the previous government.