High Court order: Can Dasoju Sravan, Kurra Satyanarayana become MLCs? How will Governor act?

HYDERABAD: Will Dasoju Sravan and Kurra Satyanarayana become MLCs now?

With the Telangana High Court quashing the orders of the Governor of rejecting the recommendations of the previous government in respect of Dasoju Srvan and Kurra Satyanarayana and also the High Court quashing the decision of the Governor is appointing Prof Kodanda Ram and Amer Ali Khan, the ball is now back to the Governor’s court.

Because, the Court expressly made it clear that it could not direct the Governor.

The Court felt that the Governor could only act under the aid and advise of the State Cabinet with regard to the appointment of MLCs under Governor quota.

Also Read: Governor Tamilisai rejects MLC nominations of Dasoju Sravan, Kurra Satyanaryana

The High Court, in fact, quashed the September 2023 rejection letter sent by Telangana Governor Tamilsai Sundararajan and said she was free to send her objections on the two BRS nominees to the State Cabinet again.

Now, it is for the Cabinet to take a decision on the issue. The Division Bench of Chief Justice Alok Aradhe and Justice J Anil Kumar also quashed the appointment of two new MLCs and the gazette notification appointing them.

Also read: HC stalls appointment of Prof. Kodandaram Amer Ali Khan as MLCs under Governor's quota

The bench agreed with argument of the BRS nominees presented by senior advocates Aditya Sondhi and B Mayur Reddy and said that the Governor had crossed the framework set under Article 171(5) that allowed the Governor’s office function only under the aid and advise of the Council of Ministers.

However, the court said that the Governor could raise objections over the eligibility of the BRS nominees and send the same to the State Cabinet afresh.

As per the Constitution, the office of the Governor and the State Cabinet are institutions, if the Governor send back the recommendation made by the BRS Government to the current Congress Government.

Also read: Prof Kodandaram, Siasat editor Amer Alikhan nominated as MLCs in Governor’s quota

In such an event, the current Government could scrap the recommendation made by the previous Government and send its recommendation afresh making Prof Kodanda Rao and Amer Ali Khan the MLCs. If the council of ministers sent this recommendation, the Governor may accept the same and notify that decision.

The Division Bench in its conclusion of the order said: “ The impugned orders dated 19.09.2023 are quashed and the subsequent recommendation of Council of Ministers, dated 13.01.2024 in favour respondent Nos.4 and 5, Orders of the Governor, dated 27.01.2024 and Gazette Notifications, dated 27.01.2024 are quashed. A public law declaration is issued that the Governor is 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.

“However, it is open for the Governor to examine the issues of eligibility or disqualification of a person recommended by the Council of Ministers, to the Legislative Council.

Also Read: Tamilisai not to fill vacant MLC posts in Governor quota in Telangana pending court verdict

“In addition, the Governor has the power to remit the matter to the Council of Ministers either to furnish requisite documents/information or for re-consideration of the recommendation made 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 writ petitions are accordingly disposed of. Miscellaneous petitions, pending if any, shall stand closed.”