Telangana HC quashes Governor’s orders in MLCs appointment issue

Hyderabad: In a landmark judgment, the Telangana High Court on Thursday quashed an order issued by Governor Dr Tamilisai Soundararajan rejecting the candidatures of Bharata Rashtra Samithi leaders Dasoju Sravan and Kurra Satyanarayana for appointment as Members of Legislative Council under the Governor quota.

The division bench of Chief Justice Alok Aradhe and Justice Jukanti Anil Kumar also set aside her notification appointing Prof. Kodandaram and Amer Ali Khan, recommended by the present Revanth Reddy-led Congress government, as MLCs under the same quota. “It is made out case that the appointment of MLCs under Governor quota shall be taken afresh,” the Bench observed.

The HC verdict may not result in automatic appointment of BRS leaders as MLCs as the court made it very clear that it can not issue directions to the Governor in this regard and the counsel for the BRS leaders too did not press for their appointment.

However, as pointed out by one of the petitioners Sravan, the HC order reminds the Lakshman Rekha the institution of Governor should not cross. The two leaders approached HC challenging their rejection and subsequently obtained status-quo orders on appointment of Congress nominees.

“The Governor was bound to act on the aid and advice of the Council of Ministers while exercising powers in appointing MLCs under the Governor’s quota, under Article 171(5) of the Constitution of India,” observed the Bench. The Governor can examine issues of eligibility or disqualification of recommended persons and remit the matter to the Council of Ministers seeking further requisite information if needed. The Governor can also ask the Council of Ministers to re-consider its recommendation, said the Bench. The Governor, however, rejected their nomination outright.

While Raj Bhavan was tight lipped on the verdict, the two BRS leaders appealed to Governor to recommend their names as MLCs upholding the moral values the Constitution has envisaged. They referred to the observation of the Bench that it “hopes and trusts that suitable action in accordance with the provisions of the Constitution shall be taken in this issue”.

Chief Minister A Revanth Reddy, on the other hand, was said to have discussed with legal experts on the impact of the judgment. Sources said the Council of Ministers will recommend afresh the names of Kodandaram and Amer Ali Khan for appointment as MLCs.

Referring to Article 361 of the Constitution, which provides certain immunity to the office of Governor, the HC said as the Governor is not answerable to the court no positive direction can be issued. On the grounds for quashing the Governor’s orders, the court said a perusal of orders made it evident that the rejection of Sravan Kumar and Satyanarayana’s nominations was neither on account of disqualification under Article 191 nor due to ineligibility under the Representation of People Act, 1951, or otherwise.

The court also said that the petitioners had locus standi to file the petitions and if they were denied to file petitions, the right of judicial review of the action of the Governor would be rendered nugatory. "This decision is a significant milestone in our journey, emphasising the principles of justice and equality embedded in our legal framework,” Sravan said in a statement.

TIMELINE

On September 19, 2023, the Governor rejected nominations of BRS leaders citing their political affiliations and not fulfilling requisite specialisation in fields of social service, literature, science, arts or cooperative movements.

Aggrieved by the rejection, the duo approached the High Court.

While their petitions were pending, the Congress formed the government in the state in December and subsequently, on January 13, recommended the appointment of Prof. M. Kodandaram and Amer Ali Khan as MLCs under the Governor’s quota.

The recommendations were approved by the Governor on January 27, with a gazette notification also issued.

The HC issued status quo orders on appointment that led to the withholding of oath by the two Congress nominees