Telangana High Court stalls notification for polls to 3 ‘defectors’ seats

Hyderabad: The Telangana High Court on Thursday directed the Election Commission not to issue the election notification up to May 15 for three Legislative Council seats from the local bodies quota, which are pending before it for adjudication.

The court is yet to give a final order on the validity of the orders issued by the Legislative Council Chairman disqualifying three members — Mr Ramulu Naik, Mr Yadava Reddy and Mr Bhoopathi Reddy — on the alleged ground of defection from the TRS to the Congress. The final orders will be pronounced on May 15 after the final hearing.

The vacation bench comprising Acting Chief Justice Raghavendra Singh Chauhan and Justice Shameem Akther while restraining the EC from issuing the election notification, directed the Council secretary to submit relevant records pertaining to the disqualification of Mr Yadava Reddy and Mr Bhoopathi Reddy to the court by May 15. The bench was hearing the petitions of the former MLCs who had challenged the Chairman`s disqualification orders.

Ms Juvvadi Madhuri, junior counsel representing the EC, submitted, on a query of the court, that the EC was planning to conduct elections as per the Constitution which mandated the poll panel to fill the vacant seats of public representatives within six months after they fall vacant. There were no directions to the EC from the court about the issue of appeal against the disqualification petitions, Ms Madhuri said.

After the lunch session, the ECI gave an undertaking to the court that it would not issue the election notification to the seats occupied by Mr Bhoopathi Reddy.
After taking consideration the bench orally directed the EC not to issue notifications for all three seats, till the date of further hearing on May 15.

Mr Anand Kapoor, counsel representing Mr Bhoopathi Reddy, challenged the constitutional validity of Para 8 of the Tenth Schedule of the Constitution which enables the Chairman or Speaker of a House to make rules and enforce them, without prejudice. He submitted that this rule empowered the Chairman to adjudicate on the defection petitions without referring to the committee under Rule 7(4) of the Telangana Legislative Council (disqualification of grounds of defection).