Telangana High Court Quashes Nomination Of 2 MLCs Under Governor's Quota

Challenging the governor's decisions rejecting their nominations as MLCs, Sravan and Satyanarayana, had filed writ petitions in the High Court earlier.

In a setback to the ruling Congress government, Telangana High Court quashed the appointments of M Kodandaram and Amer Ali Khan as members of Telangana State Legislative Council under the Governor's quota on Thursday.

The HC also quashed the governor's orders dated September 19, 2023, which rejected the nominations of BRS leaders Sravan Dasoju and K Satyanarayana. The BRS leaders' nominations to the legislative council under the Governor's quota had been rejected by Telangana Governor Tamilisai Soundararajan during the previous BRS regime.

Challenging the governor's decisions rejecting their nominations as MLCs, Sravan and Satyanarayana, had filed writ petitions in the High Court earlier.

In January this year, the Congress government in Telangana had nominated Kodandaram and Amer Ali Khan as MLCs under the Governor's quota.

Following this, the petitioners also 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, as well as the gazette notifications dated January 27, 2024 (which nominated them as MLCs).

On January 30, the high court instructed that status quo be maintained.

According to PTI, a Division Bench comprising Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti in the judgment pronounced on the writ petitions on Thursday said: "the impugned orders dated September 19, 2023 are quashed and the subsequent recommendation of Council of Ministers dated January 13, 2024 in favour respondent Nos.4 and 5, Orders of the Governor, and Gazette Notifications, dated January 27, 2024 are quashed".

In its ruling, the HC emphasised that although a public law declaration is issued that the governor must act upon the advice of the Council of Ministers when exercising powers under Article 171(5) of the Constitution of India, it is for the governor to scrutinize matters related to the eligibility or disqualification of a person recommended by the Council of Ministers for the legislative council.