In a blow to the ruling Congress government, the Telangana High Court has 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 has 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 the Governor’s quota was rejected by Telangana Governor Tamilisai Soundararajan during the previous BRS regime.
Sravan and Satyanarayana, challenging the orders issued by the Governor rejecting their nominations as MLCs, filed writ petitions in the High Court previously.
In January 2024, the Congress government in Telangana nominated Kodandaram and Amer Ali Khan as MLCs under the Governor quota.
Following that, the petitioners additionally contested the recommendations put forth by the Council of Ministers in support of Kodandaram and Amer Ali Khan (respondent Nos.4 and 5) as Members of the Legislative Council and the gazette notifications dated January 27, 2024 (through which they were nominated as MLCs).
On January 30, the high court directed that status quo be maintained.
A division bench of Justice Alok Aradhe and Justice Anil Kumar Jukanti in the judgment pronounced on the writ petitions stated, “the impugned orders dated September 19, 2023 are quashed, and the subsequent recommendation of the Council of Ministers dated January 13, 2024, in favor of respondent Nos.4 and 5, Orders of the Governor, and Gazette Notifications, dated January 27, 2024, are quashed”.
In its order, the Court stated that while a public law declaration mandates that the governor is obligated to act on the aid and advice of the Council of Ministers when exercising powers under Article 171(5) of the Constitution of India, the governor retains the authority to scrutinize the matters of eligibility or disqualification of an individual recommended by the Council of Ministers for the legislative council, the court affirmed.
Furthermore, it was stated that the governor possesses the authority to refer the matter back to the Council of Ministers, either to provide necessary documents/information or for a reassessment of the recommendation put forth by the Council of Ministers.
“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 order emphasized.
