Telangana High Court on Thursday quashed the order of Governor rejecting nomination of Dasoju Sravan Kumar and Kurra Satyanarayana as Members of Legislative Council (MLCs) under Governor’s quota.
Pronouncing verdict in the two writ petitions filed by Mr. Sravan Kumar and Mr. Satyanarayana challenging Governor’s order issued on September 19 of 2023, the HC also quashed the notification issued by the State government on January 27, 2024 nominating M. Kodandaram and Amer Ali Khan as MLCs under Governor’s quota.
The bench of Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti, disposing of the two pleas, said that 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 of India.
The bench, however, noted in the order that it was open for the Governor to re-examine the issue of eligibility of the petitioners on the recommendation made by the Council of Ministers. The Governor also had the power to remit the matter back to the Council of Ministers asking the latter to furnish the request afresh for reconsideration of the recommendation made by it. The judgment said that the Governor was not an officer of the court under Article 361 of the Constitution of India.
The names of Mr. Sravan Kumar and Mr. Satyanarayana were recommended for nomination as MLCs by the previous government of Bharat Rashtra Samithi (BRS) party which lost the Assembly elections held in December 2023. The Governor rejected their nomination as MLCs.
Meanwhile, the Council of Ministers led by Chief Minister A. Revanth Reddy of Congress party, which came to power in January this year, recommended the names of Prof. Kodandaram and Mr. Khan as MLCs under Governor’s quota.
