Hyderabad: After a gap of a decade, the AP Assembly on Monday will be taking up a debate on the interim orders issued by a High Court single judge Bench that stayed the one-year suspension of YSR Congress MLA R.K. Roja.
In all likelihood, the House will reiterate the punishment against the MLA, and may also pass a resolution to this effect and reaffirm its powers and authority in disciplining a member.
Also on Monday, the same single judge Bench will consider the contempt petition filed by Ms Roja against the Assembly Speaker for not implementing its orders granting relief to her.
A division Bench of the High Court will also take up the appeal petition filed by the AP Government seeking quashing of the stay order granted by the single judge.
Meanwhile, YSRC chief Y.S. Jagan Mohan Reddy has announced that his party will not participate in the debate as the issue was pending before the judiciary and as such it will be subjudice.
Justice A. Ramalingeswara Rao, who had stayed the suspension of Ms Roja, in his judgment on March 17, had cited two prominent pronouncements of the Supreme Court.
Of them, one of February 12 this year by a Bench headed by Justice J. Chalameswar in the case of Alagaapuram R. Mohanraj vs Tamil Nadu Legislative Assembly, clearly stated that “it is a settled law that the scope of judicial review in matters relating to action taken against members by the Legislative Bodies is limited. However it is likewise well settled that the non-compliance with the principles of natural justice is one of the limited grounds on which judicial review could be undertaken against the internal proceedings of the legislative bodies in appropriate cases.”
This now forms the crux of the case. Ms Roja has claimed that she was not given an opportunity to explain her stand before the House adopted the resolution.
However, Legislative affairs minister Yanamala Ramakrishnudu and TD members, who form majority in the House, have already made their intention known by quoting Article 212 of Constitution that states: “Whatever the alleged procedural irregularity in the House, courts cannot interfere in the matters as such there is an immunity granted to legislative bodies in the statute. Much depend on how High Court takes a view on the petitions before it and how Assembly substantiates its action on the issue of non-compliance of principles of natural justice.”
The List of Business slated for Monday states: “Short Discussion on the Resolution of the House dated 18.12.2015 on the suspension of the Member, in relation to subsequent events”.
Apart from the above, the agenda shows that Assembly Privilege Committee chairman Gollapalli Suryarao will present to the House the report that recommended one year suspension of Ms Roja.
