HC refuses to order Governor to keep two MLA seats vacant

Hyderabad: The Telangana High Court on Wednesday told two BRS leaders — Dasoju Sravan Kumar and Kurra Satyanarayana — that it cannot issue directions to the Governor of the Telangana State against filling up the MLC seats under the Governor quota.

Sravan and Satyanarayana, whose names were rejected by the Governor for being appointed as MLCs under the Governor quota, requested the High Court through their counsel to issue an interim relief directing concerned authorities against filling up the MLC seats under the Governor quota, till the court decided their petitions challenging the Governor`s decision.

The erstwhile BRS government had recommended the names of Sravan and Satyanarayana for the posts of MLC under the Governor Quota. But the Governor rejected the recommendation, saying that they are "not eminent persons” and as they have political affiliation, they are not entitled to be nominated for MLC posts".

Aggrieved by the Governor’s rejection, they approached the High Court, where the hearing was on.

During the previous hearing, the Division Bench headed by Chief Justice Alok Aradhe had directed the counsels for the petitioners to come prepared to argue the case on the aspect of “maintainability” of the Writ Petitions, in view of Article 361 of the Constitution which clearly states that the Governor of a state shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties.

On Wednesday, the High Court advised the senior counsels appearing for the petitioners to come prepared for the final hearing on February 8. The court observed that it will hear all aspects and decide the issue.

The Chief Justice further said that the court will adjudicate into the aspect of judicial review in such issues. “Is there any judicial review permissible in the issue where the Governor has rejected the names of two persons for the post of MLC under the Governor quota… whether there is any interference called for by the courts in this issue,” the Chief Justice observed.

Counsel for the petitioners, meanwhile, requested the court to issue interim directions against initiating the process, in view of the news that the government wants to nominate some persons under the Governor quota. The High Court, however, was not inclined to pass orders.

Counsels appearing from other sides informed the court that the Governor's office had issued a statement stating that the Governor will not take any action on the proposal of the state government to fill the two vacant MLCs under the Governor quota till the writ petition was decided by the High Court.

The court adjourned the hearing to February 8.