In a setback to the ruling Congress government, the Telangana High Court on Thursday quashed the nomination of M Kodandaram and Amer Ali Khan as members of the Telangana State Legislative Council under Governor’s quota. The High Court also quashed the Governor’s orders dated September 19, 2023 rejecting the nomination of BRS leaders Sravan Dasoju and K Satyanarayana. Their nominations to the Legislative Council under Governor’s quota were rejected during the previous BRS regime.
Challenging the orders issued by the Governor, Sravan and Satyanarayana filed writ petitions in the High Court. The Congress government in Telangana had nominated Kodandaram and Amer Ali Khan as MLCs under the Governor quota earlier this year. Subsequently, the petitioners also challenged the recommendations made by the Council of Ministers in favor of Kodandaram and Amer Ali Khan.
The High Court on January 30 had directed that status quo be maintained. A Division Bench comprising Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti pronounced the judgment on the writ petitions on Thursday. The court quashed the impugned orders dated September 19, 2023, and subsequent recommendations in favor of respondent Nos 4 and 5.
The High Court stated that while the Governor is bound to act on the aid and advice of the Council of Ministers, they have the power to examine eligibility or disqualification issues. The Governor can also remit matters to the Council of Ministers for further consideration. The court cannot issue a positive direction to the Governor but hopes that suitable action will be taken according to the Constitution.
The court disposed of the writ petitions and Sravan Dasoju appealed to the Governor to appoint them as MLCs under the Governor’s quota.
